ANNUAL LEAVE AND PAID HOLIDAYS. (1) Every employer shall, subject to the provisions of subclause (2), in the month of December of each year, and not later than the 24th day of the month, grant to each of his employees who have been in his employ from any date prior to the first day of February of the same year, and whose services have not been terminated before 1 December, 15 working days' holiday on full pay: Provided that an employee who, during any year, has been absent from work for a continuous period of more than six months on confinement, or for 12 weeks or more, shall be paid holiday pay in terms of subclause (2). No such employee shall be paid less than three weeks’ wages as annual leave pay. The holiday pay due in terms of this subclause shall be paid by the employer not later than the last working day of the employee before commencement of the period of holiday leave. (2) Any employee- (a) who commenced work with an employer on or after 1 February in any year; or (b) whose employment terminated before 1 December of that year shall, if his contract of employment with the same employer endured for a period of not less than four weeks in that year, in the case of an employee referred to in paragraph (a), be paid as holiday pay for that period of employment an amount equal to five per cent of the aggregate of the wages received by him in respect of such period of employment and, in the case of an employee referred to in paragraph (b), be paid in lieu of holiday leave for that period of employment, an amount equal to five per cent of the aggregate of the wages received by him in respect of such period of employment. The holiday pay due in terms of this subclause shall be paid by the employer not later than the last working day of that year and if the employee's employment terminates before that day, on the day he leaves the employer's service. (3) In computing the amount upon which the five per cent holiday pay is to be calculated in terms of subclause (2), the amount which would have been payable to an employee had he not been absent from work shall be deemed to be amounts actually received by him if such absence is- (a) on the instructions or at the request of the employer; (b) because of sick leave, provided a medical certificate for the period or periods of absence has been produced; or (c) because of maternity leave, provided a medical certificate to this effect has been produced. (4) Every employer shall grant to each of his employees as paid holidays: New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill and no employer shall employ an employee and no employee shall work on these 12 days and, in addition, each employer shall grant to all his employees who have worked the morning period of the Thursday, preceding Good Friday, time off from the commencement of the normal meal time until the normal closing time and such time lost shall be regarded as time worked: Provided that where an employee is absent on the employer's instructions, he shall be entitled to payment for the Thursday afternoon period preceding Good Friday. Provided further that if an employee has to work on any public holiday, such employee will be remunerated at time-and-a-half the ordinary hourly rate for the time so worked, in addition to the entitlement of the day's pay. (5) In the event of an employer closing his workplace in terms of subclause (1) for a period which includes the Day of Reconciliation, Christmas Day, Day of Goodwill and New Year's Day, such employer shall pay a full day's pay in respect of each such day to each of his employees in his employ on the day before the date he so closes his workplace. Payment for such days shall also be made to an employee whose contract of service is terminated by the employer on or after the 15th day of November but before the date he closes his workplace: Provided that the employee concerned has been in the continuous employ of his employer for a period of not less than six months immediately prior to the 15th day of November: Provided further that the contract is not terminated by the employee concerned or that he is not summarily dismissed for any cause recognised by law as sufficient. The provisions of this subclause shall not apply to cases where the reason for the employer's closing his factory is his Intention forthwith to discontinue business In the Industry. For the purposes of this subclause, the expression "employment" shall have the same meaning as in subclause (1). (6) In the event of New Year's Day, Human Rights Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day or Day of Goodwill falling on a Saturday or a Sunday, the employer shall, subject to subclause (5) of this clause, pay to each of his employees an extra day's pay on the first pay day after such day or when payment for these days is payable in terms of this clause, or alternatively shall grant the Monday following such public holiday as a holiday and shall pay a day's pay to each of his employees in respect thereof. (7) For the purposes of this clause, "day's pay" means the weekly wage divided by five, and "full pay" means the wage paid immediately prior to the commencement of the holiday leave prescribed in subclause (1). (8) Notwithstanding the provisions of subclause (4), an employer may close his workplace on any other three days with the consent of the majority of his employees, and in that event shall not be obliged to pay wages in respect of such days; Provided that he afford his employees the opportunity of working in the time lost in respect of any such days, on any day other than a Sunday, at ordinary rates of pay, should the majority of his employees agree: Provided further that the employer notify his employees of his intention to close the workplace on such days by means of a notice posted in a prominent place in his workplace at least 24 hours prior to the usual starting time of the first day of closure, and that the Regional Chamber be notified thereof in writing. (a) An employee shall be entitled to six consecutive months' unpaid maternity leave. (b) An employee may commence maternity leave- (i) at any time from four weeks before the expected date of birth, unless otherwise agreed; or (ii) on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child. (c) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so. (d) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth. (e) An employee shall notify an employer, in writing, unless the employee is unable to do so, of the date on which the employee intends to- (i) commence maternity leave; and (ii) return to work after maternity leave. (f) Notification in terms of subclause (9) (e) shall be given- (i) at least four weeks before the employee intends to commence maternity leave; or (ii) if it is not reasonably practicable to do so, as soon as is reasonably practicable. (a) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child. (b) During an employee's pregnancy, and for a period of six months after the birth of her child, her employer shall offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if- (i) the employee is required to perform night work or work that poses a danger to her health or safety or that of her child; and (ii) it is practicable for the employer to do so. (a) An employer shall grant an employee who has been in his employment for longer than four months, three days' unpaid family responsibility leave which the employee shall be entitled to take- (i) when the employee's child is born; (ii) when the employee's child is sick; and (iii) in the event of the death of-
Appears in 4 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement, National Main Collective Agreement
ANNUAL LEAVE AND PAID HOLIDAYS. (1) Every employer shall, subject to the provisions of subclause (2), in the month of December of each year, and not later than the 24th day of the month, grant to each of his employees who have been in his employ from any date prior to the first day of February of the same year, and whose services have not been terminated before 1 December, 15 working days' holiday on full pay: Provided that an employee who, during any year, has been absent from work for a continuous period of more than six months on confinement, or for 12 weeks or more, shall be paid holiday pay in terms of subclause (2). No such employee shall be paid less than three weeks’ wages as annual leave pay. The holiday pay due in terms of this subclause shall be paid by the employer not later than the last working day of the employee before commencement of the period of holiday leave.
(2) Any employee-
(a) who commenced work with an employer on or after 1 February in any year; or
(b) whose employment terminated before 1 December of that year shall, if his contract of employment with the same employer endured for a period of not less than four weeks in that year, in the case of an employee referred to in paragraph (a), be paid as holiday pay for that period of employment an amount equal to five per cent of the aggregate of the wages received by him in respect of such period of employment and, in the case of an employee referred to in paragraph (b), be paid in lieu of holiday leave for that period of employment, an amount equal to five per cent of the aggregate of the wages received by him in respect of such period of employment. The holiday pay due in terms of this subclause shall be paid by the employer not later than the last working day of that year and if the employee's employment terminates before that day, on the day he leaves the employer's service.
(3) In computing the amount upon which the five per cent holiday pay is to be calculated in terms of subclause (2), the amount which would have been payable to an employee had he not been absent from work shall be deemed to be amounts actually received by him if such absence is-
(a) on the instructions or at the request of the employer;
(b) because of sick leave, provided a medical certificate for the period or periods of absence has been produced; or
(c) because of maternity leave, provided a medical certificate to this effect has been produced.
(4) Every employer shall grant to each of his employees as paid holidays: New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill and no employer shall employ an employee and no employee shall work on these 12 days and, in addition, each employer shall grant to all his employees who have worked the morning period of the Thursday, preceding Good Friday, time off from the commencement of the normal meal time until the normal closing time and such time lost shall be regarded as time worked: Provided that where an employee is absent on the employer's instructions, he shall be entitled to payment for the Thursday afternoon period preceding Good Friday. Provided further that if an employee has to work on any public holiday, such employee will be remunerated at time-and-a-half the ordinary hourly rate for the time so worked, in addition to the entitlement of the day's pay.
(5) In the event of an employer closing his workplace in terms of subclause (1) for a period which includes the Day of Reconciliation, Christmas Day, Day of Goodwill and New Year's Day, such employer shall pay a full day's pay in respect of each such day to each of his employees in his employ on the day before the date he so closes his workplace. Payment for such days shall also be made to an employee whose contract of service is terminated by the employer on or after the 15th day of November but before the date he closes his workplace: Provided that the employee concerned has been in the continuous employ of his employer for a period of not less than six months immediately prior to the 15th day of November: Provided further that the contract is not terminated by the employee concerned or that he is not summarily dismissed for any cause recognised by law as sufficient. The provisions of this subclause shall not apply to cases where the reason for the employer's closing his factory is his Intention forthwith to discontinue business In the Industry. For the purposes of this subclause, the expression "employment" shall have the same meaning as in subclause (1).
(6) In the event of New Year's Day, Human Rights Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day or Day of Goodwill falling on a Saturday or a Sunday, the employer shall, subject to subclause (5) of this clause, pay to each of his employees an extra day's pay on the first pay day after such day or when payment for these days is payable in terms of this clause, or alternatively shall grant the Monday following such public holiday as a holiday and shall pay a day's pay to each of his employees in respect thereof.
(7) For the purposes of this clause, "day's pay" means the weekly wage divided by five, and "full pay" means the wage paid immediately prior to the commencement of the holiday leave prescribed in subclause (1).
(8) Notwithstanding the provisions of subclause (4), an employer may close his workplace on any other three days with the consent of the majority of his employees, and in that event shall not be obliged to pay wages in respect of such days; Provided that he afford his employees the opportunity of working in the time lost in respect of any such days, on any day other than a Sunday, at ordinary rates of pay, should the majority of his employees agree: Provided further that the employer notify his employees of his intention to close the workplace on such days by means of a notice posted in a prominent place in his workplace at least 24 hours prior to the usual starting time of the first day of closure, and that the Regional Chamber be notified thereof in writing.
(a) An employee shall be entitled to six consecutive months' unpaid maternity leave.
(b) An employee may commence maternity leave-
(i) at any time from four weeks before the expected date of birth, unless otherwise agreed; or
(ii) on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child.
(c) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.
(d) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.
(e) An employee shall notify an employer, in writing, unless the employee is unable to do so, of the date on which the employee intends to-
(i) commence maternity leave; and
(ii) return to work after maternity leave.
(f) Notification in terms of subclause (9) (e) shall be given-
(i) at least four weeks before the employee intends to commence maternity leave; or
(ii) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(a) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.
(b) During an employee's pregnancy, and for a period of six months after the birth of her child, her employer shall offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if-
(i) the employee is required to perform night work or work that poses a danger to her health or safety or that of her child; and
(ii) it is practicable for the employer to do so.
(a) An employer shall grant an employee who has been in his employment for longer than four months, three days' unpaid family responsibility leave which the employee shall be entitled to take-
(i) when the employee's child is born;
(ii) when the employee's child is sick; and
(iii) in the event of the death of-
Appears in 3 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement, National Main Collective Agreement
ANNUAL LEAVE AND PAID HOLIDAYS. (1) Every employer shall, subject to the provisions of subclause (2), in the month of December of each year, and not later than the 24th day of the month, grant to each of his employees who have been in his employ from any date prior to the first day of February of the same year, and whose services have not been terminated before 1 December, 15 working days' holiday on full pay: Provided that an employee who, during any year, has been absent from work for a continuous period of more than six months on confinement, or for 12 weeks or more, shall be paid holiday pay in terms of subclause (2). No such employee shall be paid less than three weeks’ wages as annual leave pay. The holiday pay due in terms of this subclause shall be paid by the employer not later than the last working day of the employee before commencement of the period of holiday leave.
(2) Any employee-
(a) who commenced work with an employer on or after 1 February in any year; or
(b) whose employment terminated before 1 December of that year shall, if his contract of employment with the same employer endured for a period of not less than four weeks in that year, in the case of an employee referred to in paragraph (a), be paid as holiday pay for that period of employment an amount equal to five per cent of the aggregate of the wages received by him in respect of such period of employment and, in the case of an employee referred to in paragraph (b), be paid in lieu of holiday leave for that period of employment, an amount equal to five per cent of the aggregate of the wages received by him in respect of such period of employment. The holiday pay due in terms of this subclause shall be paid by the employer not later than the last working day of that year and if the employee's employment terminates before that day, on the day he leaves the employer's service.
(3) In computing the amount upon which the five per cent holiday pay is to be calculated in terms of subclause (2), the amount which would have been payable to an employee had he not been absent from work shall be deemed to be amounts actually received by him if such absence is-
(a) on the instructions or at the request of the employer;
(b) because of sick leave, provided a medical certificate for the period or periods of absence has been produced; or
(c) because of maternity leave, provided a medical certificate to this effect has been produced.
(4) Every employer shall grant to each of his employees as paid holidays: New Year's Day, Human Rights Day, Good Friday, Family Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day and Day of Goodwill and no employer shall employ an employee and no employee shall work on these 12 days and, in addition, each employer shall grant to all his employees who have worked the morning period of the Thursday, preceding Good Friday, time off from the commencement of the normal meal time until the normal closing time and such time lost shall be regarded as time worked: Provided that where an employee is absent on the employer's instructions, he shall be entitled to payment for the Thursday afternoon period preceding Good Friday. Provided further that if an employee has to work on any public holiday, such employee will be remunerated at time-and-a-half the ordinary hourly rate for the time so worked, in addition to the entitlement of the day's pay.
(5) In the event of an employer closing his workplace in terms of subclause (1) for a period which includes the Day of Reconciliation, Christmas Day, Day of Goodwill and New Year's Day, such employer shall pay a full day's pay in respect of each such day to each of his employees in his employ on the day before the date he so closes his workplace. Payment for such days shall also be made to an employee whose contract of service is terminated by the employer on or after the 15th day of November but before the date he closes his workplace: Provided that the employee concerned has been in the continuous employ of his employer for a period of not less than six months immediately prior to the 15th day of November: Provided further that the contract is not terminated by the employee concerned or that he is not summarily dismissed for any cause recognised by law as sufficient. The provisions of this subclause shall not apply to cases where the reason for the employer's closing his factory is his Intention forthwith to discontinue business In the Industry. For the purposes of this subclause, the expression "employment" shall have the same meaning as in subclause (1).
(6) In the event of New Year's Day, Human Rights Day, Freedom Day, Workers' Day, Youth Day, National Women's Day, Heritage Day, Day of Reconciliation, Christmas Day or Day of Goodwill falling on a Saturday or a Sunday, the employer shall, subject to subclause (5) of this clause, pay to each of his employees an extra day's pay on the first pay day after such day or when payment for these days is payable in terms of this clause, or alternatively shall grant the Monday following such public holiday as a holiday and shall pay a day's pay to each of his employees in respect thereof.
(7) For the purposes of this clause, "day's pay" means the weekly wage divided by five, and "full pay" means the wage paid immediately prior to the commencement of the holiday leave prescribed in subclause (1).
(8) Notwithstanding the provisions of subclause (4), an employer may close his workplace on any other three days with the consent of the majority of his employees, and in that event shall not be obliged to pay wages in respect of such days; Provided that he afford his employees the opportunity of working in the time lost in respect of any such days, on any day other than a Sunday, at ordinary rates of pay, should the majority of his employees agree: Provided further that the employer notify his employees of his intention to close the workplace on such days by means of a notice posted in a prominent place in his workplace at least 24 hours prior to the usual starting time of the first day of closure, and that the Regional Chamber be notified thereof in writing.
(a) A once-off payment equivalent to one (1) day’s pay at the rates applicable as at the end of December 2020 shall be paid to all employees by no later than 1st June 2021.
(a) An employee shall be entitled to six consecutive months' unpaid maternity leave.
(b) An employee may commence maternity leave-
(i) at any time from four weeks before the expected date of birth, unless otherwise agreed; or
(ii) on a date from which a medical practitioner or a midwife certifies that it is necessary for the employee's health or that of her unborn child.
(c) No employee may work for six weeks after the birth of her child, unless a medical practitioner or midwife certifies that she is fit to do so.
(d) An employee who has a miscarriage during the third trimester of pregnancy or bears a stillborn child is entitled to maternity leave for six weeks after the miscarriage or stillbirth, whether or not the employee had commenced maternity leave at the time of the miscarriage or stillbirth.
(e) An employee shall notify an employer, in writing, unless the employee is unable to do so, of the date on which the employee intends to-
(i) commence maternity leave; and
(ii) return to work after maternity leave.
(f) Notification in terms of subclause (9) (e) shall be given-
(i) at least four weeks before the employee intends to commence maternity leave; or
(ii) if it is not reasonably practicable to do so, as soon as is reasonably practicable.
(a) No employer may require or permit a pregnant employee or an employee who is nursing her child to perform work that is hazardous to her health or the health of her child.
(b) During an employee's pregnancy, and for a period of six months after the birth of her child, her employer shall offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if-
(i) the employee is required to perform night work or work that poses a danger to her health or safety or that of her child; and
(ii) it is practicable for the employer to do so.
(a) An employer shall grant an employee who has been in his employment for longer than four months, three days' unpaid family responsibility leave which the employee shall be entitled to take-
(i) when the employee's child is born;
(ii) when the employee's child is sick; and
(iii) in the event of the death of-
Appears in 2 contracts
Samples: National Main Collective Agreement, National Main Collective Agreement
