Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Civil Engineering Industry

BCCEI: Conditions of Employment Collective Agreement

Extension of Conditions of Employment Consolidated Collective Agreement to Non-parties

Chapter 2 - Regulation of Working Time

2.10 Payment for public holidays

Purchase

2.10.1

Subclause 2.10.4 shall not apply to an employee earning a wage more than the remuneration stipulated by the Minister in terms of section 6(3) of the Basic Conditions of Employment Act from time to time.

2.10.2.

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

2.10.3.

If a public holiday falls on a day which would otherwise be an ordinary working day for an employee, including periods of short time and lay-offs an employer must pay the employee;

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

(b)	who works on the public holiday, at least double the wage rate for the ordinary working hours of that day;

2.10.4

If an employee works on a public holiday which falls on a day which would otherwise not be an ordinary working day for the employee, an employer must pay the employee at least—

(a)	The amount paid to the employee in respect of the time that the employee ordinarily works on a working day and in addition pays the employee —

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

2.10.5

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.

2.10.6.

An employer must pay an employee for a public holiday on the employee's usual payday.