In the absence of an agreement as referred to above, leave typically accrues at 1,25 days per month for employees who work 5 days a week. If the employee works 6 days a week, the leave will accrue at 1,5 days per month.
Many companies have an annual shutdown period which should be communicated to employees early in the year. This is sometimes problematic as the shutdown periods are not determined by employees, but they are expected to take leave during such time. SERR Synergy guide and assist businesses in a practical and supportive way with regard to the required processes and procedures to ensure labour legislation compliance and to minimise the risk to which the business is exposed when employing staff.
Contact us today for assistance. She completed her articles with the main focus on Criminal Law and is also an admitted Conveyancer. The BCEA is only applicable to employees who work for the same employer for more than 24 hours a month. Annual leave should be granted within 6 months after the leave cycle ended. Print PDF. The Act clearly stipulates your rights as an employee when it comes to leave: The Basic Conditions of Employment Act provides for annual leave on completion of a year of continuous service with an employer.
A worker is entitled to 21 consecutive days of paid annual leave. Alternatively, a worker may be entitled to one day of leave for every 17 days worked or one hour for every 17 hours worked on mutual agreement. The employee is entitled to take whatever leave he has accumulated in an annual leave cycle, on consecutive days.
This means that if an employee has, for example, accumulated 11 days during an annual leave cycle, he is entitled to take those 11 days consecutively, and the employer may not refuse him permission to take those 11 days consecutively. Annual leave not taken during an annual leave cycle is automatically carried over to the next annual leave cycle, unless there exists any agreement to the contrary.
An employer may not require or permit a worker to work for the employer during any period of annual leave. Workers are entitled to 36 consecutive hours of rest per week. The Basic Conditions of Employment Act requires that the weekly rest day, in principle, should be Sunday for all workers, unless otherwise agreed.
An employee may be required or permitted during a meal break to perform only duties that cannot be left unattended and cannot be performed by another employee. However, the employee must be paid for a meal interval in which the employee is required to work or is required to be available for work. The employee and the employer must agree on when annual leave can be taken, and if there is no agreement, annual leave is taken at the time to suit the employer.
Many employers have a shutdown period over December. If this is the case, the employer is entitled to stipulate that annual leave must be taken to coincide with the shutdown period. Should an employee utilise his annual leave at another time during the year, then the shutdown period will be treated as unpaid leave.
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