16 Nov Know Your Rights: Annual Leave Pay
Know Your Rights:
Annual Leave Payments
What the Law says:
Chapter 3, Section 20-21 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:
How Much Annual Leave Are You Entitled To?
Pay for annual leave.
(1) An employer must pay an employee leave pay at least equivalent to the remuneration that the employee would have received for working for a period equal to the period of annual leave, calculated—
(a) at the employee’s rate of remuneration immediately before the beginning of the period of annual leave; and
(b) in accordance with section 35.
(2) An employer must pay an employee leave pay—
(a) before the beginning of the period of leave; or
(b) by agreement, on the employee’s usual pay day.
Who does this Chapter Apply to?
The chapter on leave does not apply to an employee who works less than 24 hours a month for an employer and to leave granted in excess of the leave entitlement under this chapter.
Additional Documents from the CCMA
The Department of Labour provides a very comprehensive Contract of Employment Template, which can be downloaded here:-
(You can download a full copy of the Act Basic Conditions of Employment Act No here)
Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice. The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.