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Labour Relations Act, 1995 (Act No. 66 of 1995)

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 3 : Leave

18. Annual Leave

 

1) In this clause, the annual leave cycle means the period of 12 months employment with the same employer immediately following -
a) the employee's commencement of employment; or
b) the end of the employee's previous annual leave cycle.

 

2) An employee will qualify for leave in accordance with his/her years of service with an individual company in the following manner:
a) less than 5 years completed continuous service 21 consecutive days; or
b) 5 years completed continuous service, but less than 10 years 23 consecutive days; or
c) 10 years and longer completed continuous service 26 consecutive days.

 

3) Every employer shall pay as contributions to the Leave Pay Fund by not later than the 20thday of each month, in respect of every employee, employed by him/her during the preceding month, calculated as follows:
a) employees with less than 5 years continuous service 25% of the normal basic weekly wage earned;
b) employees with 5 years completed service but less than 10 years continuous service 28.34% of the normal basic weekly wage; and
c) employees with 10 years and longer completed service 33.3% of the normal basic wage.

 

4) Annual leave must be granted and taken at a time to be fixed by the employer-
a) within four months after the completion of a leave cycle; or
b) by written agreement between employer and employee, within a further two months after the four months period provided for in paragraph (a).

 

5) Annual leave may be taken up to two months before the completion of the annual leave cycle-
a) by agreement between the employer and the employee; or
b) if the exigencies of the employer's business require that leave be taken early.

 

6) An employer that requires an employee to take leave before an annual leave cycle is completed must -
a) grant the employee the full period of leave that the employee would have been entitled to on completion of the leave cycle; and
b) pay the employee in full for that period of leave.

 

7) If the employment of an employee who is required to take leave in terms of sub-clause (6) terminates before the completion of the annual leave cycle, the employer may set-off any leave granted that had not accrued to the employee at the time of termination against any remuneration due to the employee.

 

8) Annual leave may not run concurrently with any period -
a) of sick leave granted in terms of clause 19; or
b) of notice of termination of employment in terms of clause 40.

 

9) An employer may reduce an employee's entitlement to annual leave by the number of days of occasional leave granted on full pay to the employee at the employee's written request during the leave cycle; however, an employee must be granted at least two consecutive week's annual leave each year.

 

10) During an employee's annual leave, the employee may not be required or permitted to-
a) perform the employee's normal work; or
b) work elsewhere in the Industry.

 

11) No deductions may be made from leave pay to set-off money owing to an employer by an employee, subject to the provisions of clause 40(2)(b).