Chapter 2 : Regulation of working time

18. Public holidays

[In terms of section 2(2) of the Public Holidays Act, 1994 (Act No. 36 of 1994), a public holiday is exchangeable for any other day which is fixed by agreement or agreed to between the employer and the employee]

(1)           An employer may not require an employee to work on a public holiday except in accordance with an agreement.

(2)           If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay—

(a)          an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day;

(b)          an employee who does work on the public holiday—

(i)             at least double the amount referred to in paragraph (a); or

(ii)           if it is greater, the amount referred to in paragraph (a) plus the amount earned by the employee for the time worked on that day.

(3)           If an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to—

(a)          the employee’s ordinary daily wage; plus

(b)          the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or any other method.

(4)           An employer must pay an employee for a public holiday on the employee’s usual pay day.

(5)           If a shift worked by an employee falls on a public holiday and another day, the whole shift is deemed to have been worked on the public holiday, but if the greater portion of the shift was worked on the other day, the whole shift is deemed to have been worked on the other day.