Sectoral Determination 3: Private Security Sector, South Africa
9. Annual Leave

 

 

1)       The employer shall grant to an employee, and the employee shall take, in respect of each completed period of 12 months of employment with the employer, one day of annual leave on full pay, for every 17 days on which the employee worked or was entitled to be paid.

 

2)       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 of annual leave, calculated at the employee’s ordinary rate of remuneration immediately before the beginning of the period of annual leave; and in accordance with clauses 2(51) and 3(1).

 

3)       An employee is entitled to take leave accumulated in an annual leave cycle on consecutive days.

 

4)       An employer must grant annual leave not later than six months after the end of the annual leave cycle.

 

5)       An employer may not require or permit an employee to take annual leave during-

a)       any other period of leave to which an employee is entitled in terms of this determination; or

b)       any period of notice of termination of employment.

 

6)       Despite subclause (5), an employer must permit an employee, at the employee’s written request, to take paid leave during a period of unpaid leave.

 

7)       An employer may reduce an employee’s entitlement to annual leave by the number of days of occasional leave, calculated at the employee’s rate of remuneration, granted to the employee at the employee’s request during that leave cycle.

 

8)       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 leave on which the employee would ordinarily have worked.

 

9)       An employer may not require or permit an employee to work for the employer during any period of annual leave.

 

10)     An employer may not pay an employee instead of granting paid leave in terms of this clause, except-

a)       upon termination of employment; and

b)       In accordance with clause 18(9)(b).

 

11)     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.

 

12)     An employee who has become entitled to a period of leave prescribed in subclause (1), read with subclause (7), and whose employment terminates before such leave has been granted and been taken, shall, upon such termination be paid the amount an employee would have received, in respect of the leave, had the leave been granted to the employee and taken by the employee as at the date of the termination calculated in terms of subclause (2).