Human Resources South Africa

Annual Leave in South Africa

Annual Leave in South Africa

October 14
18:14 2010
Basic Conditions of Employment legislation requires that workers get a minimum of 21 consecutive days of annual leave in South Africa each year.  Employers can only pay workers instead of granting annual leave when employment is terminated.


The Basic Conditions of Employment Act applies to all employers and workers, but not -members of the –

  • National Defence Force,
  • National Intelligence Agency, or
  • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulate working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn more than R115 572 per year
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for annual leave in South Africa do not apply to –

  • workers who work less than 24 hours a month
  • leave over and above that provided for by the Act


Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, pay slips, and termination

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  1. L Marais
    L Marais November 11, 14:35

    How do you go about administrating/controlling the leave for an organisation. For instance, if the company policy is to be able to accumulate up to a maximum of 30 days annual leave – does that employee’s leave cycle start on date of employment or the general leave cycle date for auditing purposes? And can that employee forfeit those leave days, or is there a specific process that needs to be followed?

    Reply to this comment
  2. Dan Feerst
    Dan Feerst July 19, 20:42

    Interesting article. Having 21 consecutive days would be an amazing concept. I wish this was practiced in the U.S.

    Reply to this comment
  3. Candice
    Candice December 05, 14:43

    Can an employer force an employee to take unpaid annual leave just because the company is closed during that time and the employee has only been there 2 months and does not have leave accumulated?Would really appreciate a reply asap!thanks!

    Reply to this comment
  4. Maxine Sherbon
    Maxine Sherbon March 12, 16:04

    For a number of people, the weekly paycheck is ‘take-home pay’ because home is the one place they could manage to choose it.
    Usually do not trust people. These are effective at greatness.

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  5. sarmashni naidu
    sarmashni naidu April 03, 15:17

    please advise how many days leave staff are entitled to from year one onwards of employment . DOes it vary for every year worked and where is it capped

    Reply to this comment
  6. Abelia
    Abelia November 05, 08:18

    Good day

    Please can someone advice on a couple of questions I have:

    Can a company deduct tax of my salary if the company is not registered for tax?

    I have accumulate 15 leave days from 2010 up to 2012, when I spoke to the owner he said that it is company policy that leave days are not carried over. Can he do it?

    I have been working for the company from 2009 up to now and don’t have a contract.


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  7. vikash
    vikash September 25, 14:07

    can we take 20day leave after 5 years employment, Please state the law details

    Reply to this comment

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