Housing Development Agency Act, 2008
R 385
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| (1) | Contributions to the Leave Pay Fund— |
| (a) | must be paid in respect of every employee employed by the employer in grades 1 - 6 during the preceding month; |
| (b) | are calculated as follows: |
| (i) | employees with less than 5 years continuous service 25% of the normal basic weekly wage earned; |
| (ii) | employees with 5 years completed service but less than 10 years continuous service 28.34% of the normal basic weekly wage; and |
| (iii) | employees with 10 years and longer completed service 33.3% of the normal basic weekly wage. |
| (c) | contributions are payable to the Council irrespective of the number of days that an employee has worked during a specific month, subject to the provisions of clause 24(2) and (3). |
| (2) | lieu of the contributions due in terms of subclause (1), the following employers may pay each specified employee an amount based on the formula set out in subclause (3)— |
| (a) | a temporary employment service in respect of temporary employees; |
| (b) | an employer of part-time employees working less than 15 hours per week; or |
| (c) | an employer of relief employees who have been employed for more than 90 days in a 52-week period. |
| (3) | The formula to be applied for payment in lieu of contributions to the Leave Pay Fund is, in respect of every ordinary hour of work or part of an hour worked in each job category— |
| (4) | An employer of a part-time employee who works an average of 15 or more ordinary hours per week must, in respect of the contributions due in terms of subclause (1), base the calculation on the employee's normal basic weekly wage using the following formula— |
Normal basic weekly wage =
| (5) | The contributions referred to in clause 29(1) must be included in each employees' remuneration by the relevant employer for the purpose of calculating employees' tax, on a monthly basis. Every employer shall pay over the amount of employees' tax so withheld to the Commissioner for the South African Revenue Service (SARS) in accordance with the provisions of the Fourth Schedule to the Income Tax Act, 1962, as amended or replaced from time to time. |
[Clause 29(5) inserted by clause 4 of Notice No. 410, GG44822, dated 9 July 2021]
