Equally, employees should not be better off when on leave than when working. Therefore an employee cannot demand to take annual leave if it is for the employer operationally not possible to do without the services of employee at that specific time.

whilst on leave. Securing an employee’s consent is one of the basis on which an employer can lawfully process both general and special personal information of its employees.

This schedule applies only to pay for annual leave accrued from the date of operation of this schedule. In conclusion, remember the principles: employees should not earn less while on annual leave than when at work otherwise they would be financially prejudiced by doing so, balanced by the fact that the employer is not expected to pay ‘twice’. In other words, whatever number of working days. Should the annual leave be carried over from one cycle to the next, and, not taken his annual leave from the previous cycle within six months of the new cycle, then the employee can demand to take that annual leave from the previous cycle, and the employer may not refuse such permission. If there is no agreement in place stipulating when annual leave may be taken, then the employer will determine when annual leave may be taken.

2. The leave Directive from the Department is quite clear in clarifying to the public that the BCEA recognizes certain forms of leave inclusive but not limited to leave benefits such as annual leave, sick leave and family responsibility leave, which may, depending on the circumstances, be applicable to the Employee’s absence from their place of Employment as a result of the COVID-19 lockdown. Public holidays falling during a period of annual leave. The information provided in the articles are without any warrantee or representations by the firm and the firm accepts no responsibility for any loss or damage caused in whatsoever way by the reader's reliance on any information contained in these articles.

endobj %�쏢 Now we know that working from home works, many employees…, It’s very essential to have correct people management skills as managers play a big…, Online meetings are becoming more and more common, not least due to a certain…. The Department of Employment and Labour (hereinafter referred to as “the Department”) has published a Directive (“hereinafter referred to as “the leave Directive”) on COVID-19 and implications on the leave provisions as set out in the Basic Conditions of Employment Act 75 of 1997 (hereinafter referred to as “the BCEA”) as well as a new Government Gazette No. It may well be that the Information Regulator interprets consent restrictively in keeping with the GDPR.

An annual leave cycle is 12 months long and starts in the month the employee is employed. This also means that if an employee has sick leave days available to his credit, the employer cannot force the employee, nor can he allow the employee, to utilise annual leave instead of taking sick leave.

→, Polity.org.za is a product of Creamer Media.www.creamermedia.co.za, Other Creamer Media Products include:Engineering NewsMining WeeklyResearch Channel Africa, Sign up for our FREE daily email newsletter. Non-discretionary bonuses must be pro-rated and included because the employee will no longer be employed at the time when the bonus would have been paid out. A payment received in a particular period in respect of a longer period (e.g. A general consent may be sufficient to cover some of the personal information that will be processed during the course of an employee’s employment, however employers should be aware of the risks associated with relying on blanket consents in every instance. Written consent is not expressly required. An employer is not required to pay an employee in terms of section 22 (for sick leave) if the employee has been absent from work for more than two consecutive days or on more than two occasions during an eight-week period and, on request by the employer, does not produce a medical certificate stating that the employee was unable to work for the duration of the employee's absence on account of sickness or injury. What about public holidays during a period of annual leave? 1. This however does not mean that the employee will be paid for 21 days whilst on annual leave, the employee will be paid for the days that he / she would normally have worked in a typical three week cycle. Section 20 (4) BCEA   (Employer forced to grant leave). The BCEA states that any employee is entitled to a ... How does one calculate or what is the rate of leave being paid out?

(Employers who provide accommodation to the employees, or any other benefits in kind, are advised to enter into a written agreement with the employee regarding the value of the accommodation or other benefits provided in kind.).


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