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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 4 : Benefit Funds

30. The Holiday Pay Bonus Fund

 

 

1) Subject to this clause all employees in the Industry are entitled to a guaranteed 13th cheque equal to 4.33 weeks of annual basic earnings payable after 12 months continuous service with one employer. The 13th cheque will be paid directly to employees during December every year and will be pro-rated during the first year of service. Contributions to the Holiday Pay Bonus Fund-
a) must be paid in respect of every employee employed by the employer in grades 1 - 6 during the preceding month;
b) are equivalent to 36.08% of the normal basic weekly wage earned by the employee; and
c) must be paid on a monthly basis if an employee has worked during the preceding month.
d) must be paid 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) In lieu of the contributions due in terms of sub-clause (1), the following employers may pay each specified employee an amount based on the formula set out in sub-clause (3)-
a) a temporary employment service in respect of temporary employees;
b) an employer of part-time employees if those employees work 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 Holiday Pay Bonus 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 sub-clause (1), base the calculation on the employee's normal basic weekly wage using the following formula-

 

Normal actual weekly wage =

 

5) No deductions from holiday pay bonus may be made as a set-off against any money that may be owing to an employer by an employee.