For the purposes of this clause:

Provided that an employee who after the expiration of his annual leave terminates his employment by desertion shall have no claim in respect of subparagraph (b)(i) of this definition:

Provided that in respect of a motor vehicle salesperson and supply salesperson, "remuneration for the purposes of calculating accrued leave pay shall mean an employee's wage as defined in the Agreement, plus any commission on sales regularly pad to the employee, the amount of such commission being deemed to be the average amount received by or accrued to an employee in respect of the period of 52 weeks immediately preceding the date the employee goes on annual leave or terminates his employment, or if a period of less than 52 weeks has been worked, the average amount received by or accrued for an employee in respect of the number of complete weeks actually worked.

Note: The calculation is based on 52 or 53 (weeks), whichever is applicable

[Note - A "bonus" regularly paid to an employee in terms of this definition does not include commission].

Subject to the provisions of subparagraph  (b) of this clause, three consecutive weeks leave on full pay shall be granted to all employees, including apprentices and trainees undergoing training  under the Skills Development Act 97 of 1998 as amended, who have completed the period of continuous employment with the same employer, as set out in the schedule below, since the date of their engagement or from the date on which their previous annual leave fell due, whichever is the later.

Subject to the provisions of (1)(b)(ii) of this clause, four weeks' leave on full pay shall be granted to all employees who on or after 1 December 1990 have completed 8 or more periods of continuous employment with the same employer, as set out in the schedule below, since the date of their engagement, subject to the following conditions:

Provided that in the case of establishments registered under Chapter 111 of Division C of this Agreement, the annual leave shall be 4 weeks leave on full pay after 5 years of service. This provision will be effective as from 25 September 2007 and will not impact on the accrued years of service and/or leave cycle.

SCHEDULE

Annual leave shall become due immediately an employee has completed the qualifying period specified in sub-clause (2) of this clause but it may be taken before or after it becomes due if—

Provided that annual leave shall in no circumstances be taken more than two months before the due date, nor delayed for more than four months after the due date, unless the employee and the employer concerned have, before the expiration of such period of four months, agreed thereto, in writing, and shall not be delayed by more than six months after the due date.

Note: Pay for annual leave in respect of a motor vehicle sales person or supply sales person shall be payable in accordance  with sub-clause (9)(b) of this clause)

Except as provided elsewhere in this Agreement, no deductions from leave pay shall be made as a set-off against any moneys that may be owing to the employer: Provided that the following conditions shall apply to staff loans:

Note: Accrued leave pay is calculated by multiplying three weeks' wages by the fraction of a year worked, thus—

for six months' employment, leave pay is ½ x times three weeks' pay;

for 13 weeks' employment, leave pay is ¼ x times three weeks' pay;

for five weeks' employment,leave pay is 5/52 x three weeks' pay.

To arrive at three weeks' pay for a monthly-paid employee, multiply the monthly pay by 9/13. Thus for a monthly-paid employee the leave accrued in—

six months is ½ x 9/13 x one month's pay;

13 weeks is ¼ x 9/13 x one month's pay;

five weeks is 5/52 x 9/13 x one month's pay.

Note: The calculation is based on 52 or 53 (weeks), whichever is applicable.

Provided that in respect of establishments registered under Chapters II, III and V of Division C of this Agreement,maintenance staff may, subject to the provisions of sub-clause (6)(e) of this clause, be required or permitted to work during the period the establishment is closed in terms of this sub-clause.