| (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 salary that the employee would ordinarily have received for work on that day, already included in the monthly salary; |
| (b) |
an employee who does work on the public holiday— |
| (i) |
at least double the amount referred to in (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 double the employee's ordinary salary for the period worked. |
| (4) |
An employer must pay an employee for a public holiday on the employee's usual payday. |
| (5) |
If a shift worked by an employee commences 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. |
| (6) |
If the public holiday falls on a Sunday, the following Monday will be deemed to be the public holiday in lieu of the Sunday. The Sunday shall be remunerated at the relevant premium payment for that day. |
| (7) |
In terms of Section 2(2) of the Public Holidays Act (Act 36 of 1994), a public holiday is exchangeable for any other that is fixed by agreement or agreed to between the employer and the employee. |
| (8) |
Compensation to a casual employee for work on a public holiday: |
| (a) |
Whenever a casual employee works on a public holiday, the employer shall pay the employee in respect of the total period worked by the employee on such day an amount calculated at a rate of not less than double the hourly wage prescribed for a full-time employee in the same area who performs the same class of work as the casual employee is required to do. |
Provided that where the employer requires a casual employee to—
| (i) |
perform the work of a class of employee for whom salaries on a rising scale are prescribed, the expression "hourly wage" shall mean the hourly equivalent wage for a qualified employee of that class as calculated in terms of clause 4(5)(b); |
| (ii) |
work for less than four hours on such a day, an employee shall be deemed to have worked for four hours. |
South African Council for Educators Act, 2000
