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Regulation Gazette No. 44058, 08 January 2021, Vol 667 No. 11222, Page 35

20210108 - Regulation Gazette No 44058 of 08-January-2021, Volume 667 No 11222, page 35

Page	35 of 84
Gazette	Regulation Gazettes, No 44058, from 08 January, 2021
Department	Labour
Notice	Page No. 22 of 66, Notice No. 5, Labour Relations Act, 1995 » Bargaining Council for the Fast Food, Restaurant, Catering and Allied Trades » Extension to non-parties of the Main Collective Agreement

STAATSKOERANT, 8 JANUARIE 2021                       No. 44058    35

If a shift worked by an employee Falls on a public holiday and another day. the whole shift is
                    deemed to have been worked on the public holida). but if the greater portion of the shift was worked
                    on the other day, the whole shift is deemed to lime been worked on the other day.
                    In accordance with section 2(2) of the Public I Iolidays Act, Act 1994 the parties may exchange a
                    public holiday for any other day.

1 I. ANNUAL LEAVE

An employer must grant an employee --
              (  I )
                    (a)    at least three weeks (2 1 consecutive days) leave on full pay in respect of each 12 months
                           of employment (the annual leave cycle) ;or
                    (b)    by agreement. at least one day of annual leave on full pay for every 17 days on which the
                           employee worked or was entitled to he paid: or
                    (cl    by agreement. one hour of annual leave on lull pay for every 17 hours on which the
                           employee worked or was entitled to be paid.
              (2)   An employer must grant an employee an additional day of paid leave if a public holiday falls on a
                    day during an employee's annual Iea%e on which the employee would otherwise have worked.
              (3)   An employer may reduce an employee's entitlement to annual leave by the number of days of
                    occasional leave on full pay granted to the employee at the employee's request in that annual leave
                    cycle.
              (4)   An employer must grant -
                    (a)    the annual leave not later than six months alter the end of the annual leave cycle in which
                           leave was earned;
                    (b)    the leave earned in one year over a continuous period. if requested by the employee.
             (5)    Annual leave must he taken --
                    (a)    in accordance with an agreement between the employer and the employee; or
                    (h)    if there is no atgreement in tears of paragraph (a). at a time determined by the employer in
                           accordance with sub clause-I.
             (6)    An employer may not require or permit an employee to take annual leave during: -
                    (a)    any other period of lease to which the employee is entitled to in terms of this Agreement:
                           or
                    (h)    any period of notice of termination of employment.
             (7)    An employer nay not require or permit an entplo.ce to work for the employer during any period
                    of anmtial lea. e.
             (8)    An employer may not pay an employer instead of granting paid leave in teens of this clause except
                    on termination ofemployntent in terms of clause 16.
             (9)    An employer nuist pay an employee leave pay at least equivalent to the remuneration the employee
                    would lane ieCeincd for working for a period equal to the period of Ieavc. calculated at the
                    employee's wage immediately hetore the heginnine of the period of leave.
             (I0)   An employer must pay an employee leave pay before the beginning of the period of leave or. by
                    agreement. on the employer's usual pa. day.

< page 34	View full Gazette No. 44058	page 36 >

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