The BCEA prescribes that Employees must get annual leave of at least:
- 21 consecutive days, or
- 1 day for every 17 days worked, or
- 1 hour for every 17 hours worked
This equates to 1.25 days per month or 15 days per annum. Annual Leave is usually accrued monthly.
Both the employer and employee should agree to the timing of leave. If they cannot agree, the employer makes the final decision.
Leave must be granted not later than 6 months after the end of the annual leave cycle (12 month periods from date of employment).
Yes, an employer can decline an annual leave request due to operational requirements. The Employer can then offer alternative dates which is suitable for both the Employer and Employee to take annual leave.
Yes, it can be deducted from an employee's annual leave. We recommend that the Employer:
- Communicate the shut-down period dates to employees at least three months in advance in writing
- Notify employees in writing upon commencement of employment about the annual shut-down period
- Inform that these days will be deducted from the employee's annual leave accrual
Employers may not pay employees instead of granting leave, except on termination of employment. This ensures that Employees get sufficient time off work to rest.
All employees, except for those who:
- Work less than 24 hours a month
- Receive compensation for an occupational injury or disease
Yes, Employers may require a medical certificate before paying workers who are:
- Absent for more than 2 consecutive days
- Often absent (more than twice in an 8-week period)
Yes, any employee working for more than 24 hours a month, is entitled to sick leave. However, during the first 6 months of employment, workers are only entitled to 1 day of paid sick leave for every 26 days worked.
An employee who is a parent of a child will be entitled to 10 consecutive days' parental leave. This applies irrespective of the gender, which means it would include parents in same sex relationships.
The employee must give at least one month's written notice of:
- The expected date of birth, leave commencement and return date
- In case of adoption, the date of adoption order or when the court places the child in care
The Employer does not have to pay for Parental Leave but must assist with UIF documentation for claims.
For employees earning under the threshold (R 254371,67 per year):
- Must be paid at 1.5 times normal wage rate
- Sunday work and public holidays must be paid at double rate
For employees earning over the threshold:
- Can be given time off instead of payment
- Cannot demand overtime payment or paid time off
All overtime is voluntary and may only be worked by agreement between employer and employee. Maximum permissible overtime is:
- 3 hours on any one day
- 10 hours in any 1 week
All forced labour is prohibited in terms of section 48 of the BCEA.
These employees are still under the protection of the BCEA and LRA. Employees within their probation period cannot be terminated unless:
- A formal poor performance procedure has been followed
- The outcome shows there is no alternative but to dismiss
The period should be determined by the nature of the position and the time needed to determine suitability. The Labour Relations Act only requires it to be "reasonable".
If implementing a probation period, employers must:
- Evaluate the employee during the probation period
- Provide instruction, training, guidance, or counselling
- Keep written records for any possible poor performance investigation
A written agreement is required prior to any deduction, except when required by:
- Law
- Collective agreement
- Court order
- Arbitration award
For deductions related to damages:
- Damage must be due to employee fault
- Fair procedure must be followed
- Total amount cannot exceed the loss/damage
- Deduction limited to one-quarter of remuneration
The employer should:
- First attempt to contact the Employee
- Request proof of absence if there's a valid reason
- Determine appropriate leave to be logged
If no valid reason exists, the employer can:
- Log the period as unpaid
- Take disciplinary action
For late arrival, similar steps apply, usually starting with counselling letter/verbal warning, depending on impact on operations.