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

Notices

Bargaining Council for the Contract Cleaning Services Industry

Kwa-Zulu Natal

Extension to non-parties of the Main Collective Amending Agreement

10. Public Holidays and Sundays

 

10.1 Compensation for public holiday work in the case of Employees other than Casual Employees:
(a) An employer may not require an employee to work on a public holiday except in accordance with an agreement.
(b) If a public holiday falls on a day on which an employee would ordinarily work, an employer must pay:
(i) an employee who does not work on the public holiday, at least the wage the employee would ordinarily have received for that day;
(ii) an employee who does work on a public holiday:
(aa) at least double the amount referred to in subparagraph (i); or
(ab) the amount referred to in sub clause (i) plus the amount earned by the employee for the time worked on that day, whichever is the greater.
(c) 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:
(i) the employee's ordinary daily wage; plus
(ii) the amount earned by the employee for the hours of work performed on at day at the rate specified in clause (4).
(d) An employer must pay an employee for a public holiday on the employee's usual pay day.
(e) 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 if the greater portion of the shift was 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.

 

10.2 Compensation for work on Sundays
(a) An employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and half times the employee's wage for each hour worked;
(b) If an employee works less than the ordinary shift on a Sunday and the payment that the employee is entitled to in terms of sub clause (a) is less than the employee's daily wage, the employer must pay the employee the employee's ordinary daily wage;
(c) Despite sub clause (a) and (b) above, an agreement may permit an employer to grant an employee who works on a Sunday paid time off equivalent to the difference in value between the pay received by the employee for working on a Sunday and the pay that the employee is entitled to in terms of sub clause (a) and (b) above;
(d) Any time worked on a Sunday by an employee who does not ordinarily work on a Sunday is not taken into account in calculating an employee's ordinary hours of work;
(e) If a shift worked by an employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, 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;
(f) An employer must grant an employee paid time off in terms of sub clause (c) above within one month of the employee becoming entitled to it. However, an agreement in writing may increase the period to 12 months.