Good day 

I am a qualified physiotherapist working for a Locum Agency. I have been employed for contracts of 6 months since February 2013, I have just entered my fourth six month contract.

I had a query regarding paid leave under the Basic conditions of employment act whether I qualify for any sort of leave based on my contract? I currently work for a minimum of 6 hours a day Monday to Friday and on weekends at varied hours. When I do take leave it is unpaid. I have very little understanding of the Basic Conditions of Employment Act and how it relates to the excerpt of my contract below, can you perhaps explain this in laments terms and answer my above question about qualifying for leave.

5. STATUTORY LEAVE AND ABSENCES

5.1. The Agent holds a determination in terms of Section 50 (8)(c) of the BCEA whereby Sections 20 (11) and 22 (1) & (2) of the Act are excluded, resulting in the Temporary Worker being paid an all

 inclusive rate such that annual leave pay is incorporated in the hourly/weekly pay rates. All Temporary Workers have the right to choose whether to remain on this all inclusive remuneration

 package or restructure conditions to fall outside the determination. Any request by the Temporary Worker for a variance from this must be made in writing to the Payroll Manager at the Agent’s

 address. On receipt of such a request or in any other situation wherein annual leave pay is not included in actual payments to the Temporary Worker then the pay rate shall be adjusted downwards

 accordingly and clauses 5.2 to 5.4 below shall apply.

5.2. For the purposes of calculating entitlement for paid annual leave pursuant to the Basic Conditions of Employment Act the Temporary Worker is entitled to one hour of annual leave on full

 remuneration for every seventeen hours which the Temporary Worker has worked.

5.3. Entitlement to payment for leave accrues in proportion to the amount of time worked continuously by the Temporary Worker on Assignment during the leave year and is calculated at the standard

 day rate. The Temporary Worker will only be entitled to payment of leave pay when the leave pay has been accrued.

5.4. In the course of any Assignment during the #rst leave year the Temporary Worker is entitled to request leave at the rate of one-twelfth of his total holiday entitlement in each month of his

 leave year. The Agent requires the Temporary Worker to notify the Agent in writing giving 4 weeks’ notice of intention to take leave, this can be emailed, faxed or posted to the payroll department

 at the address above. All entitlement to leave must be taken within six months of the end of the leave year and unused leave may not be carried forward.

5.5. Temporary Workers agree that they do not have a regular pattern of work by virtue that they can elect when they want to work and when they don’t without penalty. Therefore the Temporary

 Worker agrees that they are not contracted to work specific days that they would ordinarily have to work.

5.6. In the event of any incapacity proof of incapacity will be required at all times. Without this proof no payments will be made.

5.7. None of the provisions of this clause regarding statutory entitlement to paid leave shall a!ect the Temporary Workers status as a self-employed worker

Many thanks