How Do I Pay My Staff For 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.

https://2r.co.za/public-holiday-pay-2/

With a public holiday coming up next week Wednesday, this is a very topical question!

1. Do temporary workers get paid the public holiday?
2. Can you force staff to work the public holiday?
3. Can you swop Monday off, instead of Tuesday?
4. Visit our website to find these answers and more!

https://2r.co.za/public-holiday-pay-2/

How should I be calculating my Employees Overtime?

(1)  Subject to this Chapter, an employer may not require or permit an employee to work—

(a) overtime except in accordance with an agreement;

(b) more than ten hours’ overtime a week.

[Sub­s. (1) substituted by s. 3 (a) of Act No. 11 of 2002.]

(1A)  An agreement in terms of subsection (1) may not require or permit an employee to work more than 12

hours on any day.

[Sub­s. (1A) inserted by s. 3 (b) of Act No. 11 of 2002.]

(2)  An employer must pay an employee at least one and one­ half times the employee’s wage for overtime worked.

(3)  Despite subsection (2), an agreement may provide for an employer to—

(a) pay an employee not less than the employee’s ordinary wage for overtime worked and grant the employee at least 30 minutes’ time off on full pay for every hour of overtime worked; or

(b) grant an employee at least 90 minutes’ paid time off for each hour of overtime worked.

(4)  (a)  An employer must grant paid time off in terms of subsection (3) within one month of the employee becoming entitled to it.

(b)  An agreement in writing may increase the period contemplated by paragraph (a) to 12 months.

(5)  An agreement concluded in terms of subsection (1) with an employee when the employee commences employment, or during the first three months of employment, lapses after one year.

(6)  (a)  A collective agreement may increase the maximum permitted overtime to 15 hours a week.

(b)  A collective agreement contemplated in paragraph (a) may not apply for more than two months in any

period of 12 months.

[Sub­s. (6) added by s. 3 (c) of Act No. 11 of 2002.]