21 Sep Know Your Rights: Public Holiday Pay

Know Your Rights:

Public Holiday Pay

What the Law says:

Chapter 2, Section 10 of The Basic Conditions of Employment Act No.75 of 1997, as amended in 2020 is part of the new amendment, and states:

Public holidays.

(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 wage that the employee would ordinarily have received for work on that day;

(b) an employee who does work on the public holiday—

(i) at least double the amount referred to in paragraph (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—

(a) the employee’s ordinary daily wage; plus

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


(4)  An employer must pay an employee for a public holiday on the employee’s usual pay day.


(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

(You can download a full copy of the Act Basic Conditions of Employment Act No  here)

What the CCMA Says:

The CCMA also has a very useful Information sheet that breaks down all the relevant legislation    

Download a copy of the CCMA Information Sheet on the Working Time


Who Does this Chapter on Leave Apply To?

This chapter does not apply to senior managerial employees, employees engaged as sales staff who travel, and employees who work less than 24 hours a month.


More Resources on This Topic that May Interest You:

Code of Good Practice on the Arrangement of Working Time

What are considered Normal Working Hours?

How is Overtime Calculated?

Disclaimer: RESOURCE recruitment is not a Labour Consultancy and is not giving Labour Advice.  The above information is freely available on the Department of Labour and CCMA website, and any legal advice should be sought from a legal professional.