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Category: Labour Law

Sectoral Determination 7 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
Sectoral Determination 7 applies to all domestic workers (including independent contractors and those employed by agencies), except domestic workers who - work on farms; or are covered by - another sectoral determination, or a bargaining council agreement.

 

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

 

The provisions for annual leave do not apply to domestic workers working less than 24 hours a month for an employer.

 

Special rules governing the employment of domestic workers:

Number of Leave Days:

Workers must get annual leave of at least –

21 consecutive days, or 1 day for every 17 days worked, or 1 hour for every 17 hours worked.


Timing of Leave

Both the employer and worker must agree to the timing of leave. If they cannot agree, the employer makes the final decision.


An employer may not require or permit a worker to work during any period of annual leave.


Leave must be granted not later than 6 months after the end of the annual leave cycle (12 month periods from date of employment).

 

Pay Instead of Annual Leave

Employers must pay workers the equivalent amount for annual leave as paid for days worked. This is to be paid before the workers leave period.


Employers cannot pay workers instead of granting leave, except on termination of employment.

 

Annual Leave and Public Holidays

A public holiday cannot be counted as annual leave.