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Basic Conditions of Employment legislation requires that
workers get a minimum of 21 consecutive days of annual leave
each year. Employers can only pay workers instead of granting
annual leave when employment is terminated.
Application
The Basic Conditions of Employment Act applies to all
employers and workers, but not -members of the -
o National Defence Force,
o National Intelligence Agency, or
o South African Secret Service; or
o unpaid volunteers working for charity.
The section of the Act that regulate working hours does not
apply to:
o workers in senior management
o sales staff who travel and regulate their own working
hours
o workers who work less than 24 hours in a month
o workers who earn more than R115 572 per year
o workers engaged in emergency work are excluded from
certain provisions.
The provisions for annual leave do not apply to -
o workers who work less than 24 hours a month
o leave over and above that provided for by the
Act
Number of Leave Days
Workers must get annual leave of at least -
o 21 consecutive days, or
o 1 day for every 17 days worked, or
o 1 hour for every 17 hours worked.
Based on Legislation in Section 20, of
the Basic Conditions of Employment Act
Timing of Leave
Both the employer and worker should agree to the timing of
leave. If they cannot agree, the employer makes the final
decision.
Leave must be granted not later than 6 months after the end
of the annual leave cycle (12 month periods from date of
employment).
Based on Legislation in Section
20, of the Basic
Conditions of Employment Act
Pay Instead of Annual Leave
Employers may not pay workers instead of granting leave,
except on termination of employment.
Based on Legislation in Section
21, of the Basic
Conditions of Employment Act
Annual Leave and Public Holidays
A public holiday cannot be counted as annual leave.
Based on Legislation in Section 20, of the Basic Conditions
of Employment Act | 
