Question 1

How many annual leave days do employees get in South Africa?

Accepted Answer

The BCEA prescribes 21 consecutive days (equivalent to 15 working days on a 5-day week) of paid annual leave per 12-month cycle. It accrues at 1 day for every 17 days worked, or 1 hour for every 17 hours worked.

Question 2

How much sick leave is an employee entitled to?

Accepted Answer

30 working days per 36-month cycle for a 5-day week (36 for a 6-day week). In the first 6 months of employment, 1 day accrues for every 26 days worked.

Question 3

When is overtime double time?

Accepted Answer

Overtime worked on a Sunday is paid at 2x if the employee does not ordinarily work Sundays (1.5x if they do). Work on a public holiday is paid at 2x. All other overtime is 1.5x.

Question 4

What is the notice period in South Africa?

Accepted Answer

The BCEA minimums are 1 week (first 6 months), 2 weeks (6 months to 1 year) and 4 weeks (more than 1 year of service). Contracts can specify longer notice but not shorter.

Question 5

How is severance pay calculated?

Accepted Answer

Section 41 of the BCEA requires at least one week's remuneration for each completed year of continuous service on retrenchment. It is in addition to notice pay and outstanding leave, and the first R500,000 is tax-free under a SARS directive.

Question 6

Can an employer force an employee to take annual leave?

Accepted Answer

Yes — an employer can dictate when leave is taken (usually 14 days' notice), and unused leave older than 6 months past the end of the cycle can be forfeited by agreement. In practice, most employers pay it out or carry it over.

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