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Basic Guide to Public Holidays

Basic Guide to Public Holidays

Workers must get paid time off for public holidays, but if they agree to work, they must be paid double their normal daily wage.

Application

The Basic Conditions of Employment Act applies to all employers and workers, but not –

  • members of the –
    • National Defence Force,
    • National Intelligence Agency, or
    • South African Secret Service; or
  • unpaid volunteers working for charity.

The section of the Act that regulates working hours does not apply to:

  • workers in senior management
  • sales staff who travel and regulate their own working hours
  • workers who work less than 24 hours in a month
  • workers who earn in excess of an amount stated in terms of  section 6 (3) of the Act
  • workers engaged in emergency work are excluded from certain provisions.

The provisions for public holidays do not apply to –

  • senior management
  • sales staff who travel
  • workers who work less than 24 hours a month

See (Ref)

Applies to all employers and workers and regulates leave, working hours, employment contracts, deductions, payslips, and termination.

Pay for Public Holidays

Workers must get paid time off for any public holiday that falls on a working day.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Working on Public Holidays

Working on a public holiday is by agreement only. Workers must be paid extra for working on a public holiday.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Exchanging Public Holidays

A public holiday can be exchanged with another day by agreement.

Based on Legislation in Section 18of the Basic Conditions of Employment Act

Public Holidays and Annual Leave

A public holiday cannot be counted as annual leave.

Based on Legislation in Section 20of the Basic Conditions of Employment Act


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Originally appeared on labour.gov.za on 06-08-2012. The views expressed herein are those of the author and do not necessarily reflect those of estome. estome accepts no responsibility for the accuracy, completeness or fairness of the article, nor does the information contained herein constitute advice, legal or otherwise.

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