The Sickness, Accident and Maternity Fund is a fund managed by MIBCO that pays employees when they are either sick, absent due to a major accident, or on maternity leave. This is a benefit funded by an employer contribution through MIBCO`s performance system and is limited to RMI members only (non-members cannot participate in this fund). If the fund has paid an employee for an absence due to illness, accident or maternity, the employer is not required to pay the employee for the duration of his or her absence from work. For the purposes of the agreement, your three- or four-week leave, if your employer agrees, may be taken on an ad hoc and non-continuous basis. The first point of reference is therefore your employer`s internal leave policy. Even if you are entitled to paid annual leave, the management of the workforce in terms of operational requirements remains that of your employer. For this reason, you must request leave and can only go on annual leave with permission. Sometimes the employer`s operational requirements can prevent you from taking annual leave when it`s available. For this reason, you must ensure that if you apply for annual leave and it was rejected due to your employer`s needs at that time, you keep a written record to protect yourself from the loss of annual leave. (More information on the expiration of the holidays next week) First, the agreement states that you can take your annual leave two months before the due date, but no later than four months after the expiry date of your annual leave. The agreement even goes so far as to stipulate that you can take your annual leave six months after the due date, but only if this has been agreed in writing between the employee and the employer. Today, I would like to focus on your right to annual leave within the meaning of the law.
It appears that a number of workers, including misA members, do not understand their right to annual leave. For example, when are you entitled to annual leave? when should you do this and when you can take annual leave; how to apply for annual leave; how you can prove that your annual leave has been approved. The provisions of the BCEA are similar, with the exception of the following two aspects. The first is that the BCEA does not refer to three weeks, but to 21 consecutive days, which is actually three weeks, including weekends. The second is that the BCEA does not provide for the more advantageous provision of four weeks of paid leave after completing your 9th year of employment with the same employer. There are five types of leave that are provided for by law. In more recent articles, MISA has explained the different provisions of sick leave, including the new SAF benefits and parental leave. At some point, we will give you an overview of maternity leave and family responsibility leave. Next week`s article will expose the controversial issue of the confiscation of annual leave.
You may find yourself in a situation where your employer requires you to continue working during annual leave, which is part of your job. However, this is prohibited within the meaning of the Agreement. If you go further, your employer cannot expect you to continue your work related to your professional obligations during the annual leave. Last week, we published the first of three articles, www.misa.org.za/no-work-no-pay-no-accrual-of-leaveor-not/, on the topic of “annual leave”. The agreement is silent on this aspect, but the BCEA provides in Article 20(10) that “annual leave shall be taken […] in accordance with an agreement between the employer and the employee; or if there is no agreement. on a date determined by the employer in accordance with this Division … Second, your employer might have a vacation policy that says when you can take a vacation. It is important to note that your employer cannot enter into contracts outside of the agreement unless the clause in your contract is more advantageous to you as an employee. The reason is simple, since the collective agreement is a collective agreement. For the purposes of section 199 of the Industrial Relations Act 66 of 1995, “a contract of employment, whether concluded before or after the entry into force of an applicable collective agreement or arbitration award, shall not . to allow a worker to be treated or to receive a benefit less favourable than that provided for in this collective agreement … The agreement defines the “leave cycle” in section 5.1 as the period during which an employee receives three or four weeks of leave at full pay after completing a 12-month uninterrupted employment with the same employer. To simplify: After one year of employment with the same employer, you are entitled to 3 weeks of paid leave. The right of four weeks to paid leave for 8 years of employment with the same employer.
From the end of the 9. At the age of life and every year thereafter, you are entitled to 4 weeks of paid annual leave. In the automotive retail trade, MIBCO`s main collective agreement (agreement) governs your right to annual leave by default. Most employment contracts also refer to the agreement on the provisions of annual leave. A third source of law that could govern your right to annual leave if the agreement has expired and your employment contract does not specify your right to annual leave is Law 75 of 1997 on Basic Conditions of Employment (BCEA). The agreement also prohibits you from taking annual leave during your notice period after withdrawal, and even goes so far as to prohibit participation in sick leave during annual leave. A leave cycle is therefore a period of 12 months from the date of employment, with each new leave cycle starting on the anniversary of employment. .