95. Interpretation
For the purposes of this Division—
“average pay” in relation to—
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(a) any period of employment, means 1/12 of the employee's total remuneration for that period of employment, except that, where an employee by virtue of his or her contract of service or collective agreement or customs is entitled to a longer period of annual vacation leave with pay than 2 weeks;
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(b) an employee referred to in paragraph (a), means the fraction of the employee's total remuneration corresponding to the proportion that the period of vacation to which he or she is entitled calculated in weeks bears to 52 weeks,
but in the case of an employee who is employed on a weekly, fortnightly or monthly basis average pay in respect of the period of his or her vacation must not be a lesser or greater amount than he or she would have earned had he or she been employed during the period to which such vacation relates; (Inserted by Act 6 of 2011)
“continuous employment” has the meaning given to it under section 23;
“working day” means a day on which the employee would normally work if not on vacation;
“total remuneration” in relation to any period of employment, means all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment; (Inserted by Act 6 of 2011)
“year of employment” in relation to any employee means any continuous employment for any period of 12 consecutive months during which the employee has actually performed labour or rendered services for the same employer for—
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(a) at least 200 days in the case of employees employed on a weekly, fortnightly, monthly or yearly basis; and
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(b) at least 150 days in the case of employees employed hourly, daily or part-time.