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

Notices

National Bargaining Council for the Electrical Industry of South Africa

Extension of Consolidated Main Collective Agreement to Non-Parties

Part 1: Scope of Application, Definitions, General Terms and Conditions of Employment

23. Payment for Public Holidays

 

(1)

(a) An employee may agree with the employer to exchange a public holiday for any other day, and if so agreed shall not be entitled to any additional payment on such a public holiday.
(b) Every employee shall, in respect of a public holiday, be paid at his ordinary rate of wages and allowances for the number of hours he would have worked on a normal working day (excluding overtime).
(c) The payment prescribed in paragraph (b) hereof shall be deemed to be full payment in respect of such public holiday, and subject to the provisions of clause 9 of this Agreement no employee shall be entitled to further compensation in respect of such public holiday.
(d) Notwithstanding the provisions of paragraphs (b) and (c) hereof, an employee who is required by his employer to work on the working day immediately prior to and/or succeeding a public holiday and who absents himself on such working day(s) shall not be entitled to payment for such public holiday:

Provided that an employee shall be entitled to payment for such public holiday where the employer has given permission for such absence, or has condoned such absence, or where the employee was sick and can produce a medical certificate as proof if so required by the employer, or where the public holiday falls during the period of the annual leave of the employee.

(e) "Where an employer dismisses an employee because of operational requirements, retrenchment or ill-health and the employment is terminated within a period of five (5) working days prior to a public holiday, such employer shall pay the employee in respect of the public holiday.

Where an employer dismisses an employee following an appropriate disciplinary process and the employment is terminated within a period of five (5) working days prior to a public holiday, such employer shall not be required to pay the employee in respect of the public holiday."

 

(2) Any employee who is aggrieved by the application to him of any of the provisions of sub-clause (1)(d) hereof may appeal to the Council against the decision applied to him, and the Council may, after considering any reasons which may be submitted for such decision, confirm that decision or give such other decision as in its opinion ought to have been given in such case.