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How does leave work in South Africa?

The basic guide for leave according to the Department of Labour, which enforces the Basic Conditions of Employment Act, applies to all employers and employees in South Africa.

Individuals To Whom the Basic Act of Employment Does Not Apply

There is a list of those exempt from these rules, but who follow other rules:

  • National Defence Force
  • National Intelligence Agency
  • South African Secret Service
  • Unpaid volunteers working for charity

Generally those working for the state or those who are not officially employed will work under different regulations.

The Basic Conditions of Employment Act’s regulations regarding working hours do not apply to:

  • Workers in senior management
  • Sales staff who travel extensively and regulate their own working hours
  • Workers who work less than 24 hours in a single month
  • Workers who earn in excess of an amount stipulated by the terms of  section 6 (3) of the Basic Conditions of Employment Act
  • Workers engaged in emergency work are excluded from certain provisions (like paramedics and public security)

How Many Days Leave Are You Entitled to?

Any employee who works for 24 hours or more for a single employer is entitled to annual leave. All employees who fall under the guidelines of the Basic Conditions of Employment Act are entitled to 21 consecutive days of leave while receiving full pay. In other words, employees working five days per week get 15 paid leave days, and those working six days per week get 18. Paying employees to not take their annual leave is prohibited.

The leave cycle is defined as a period of 12 months, beginning from the first day of employment. Annual leave is accrued, so the number of leave days available starts at zero and you build up leave with the passage of time according to the days you have worked.

Calculations of Accrual of Leave

Employees working five days per week get 1.25 days of leave per month and those working six days per week accrue at a rate of 1.5 days of leave per month.

This is how leave works in South Africa in a nutshell. For more information visit SERR Synergy and we will help you meet South Africa’s business legislative requirements.

Published by: admin on May 24th, 2018 | Filed under Law



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