Understanding Payment for a Public Holiday – Section 18 of the BCEA
With the upcoming Easter period coming quickly, speeding towards us, did I think it appropriate to explain the age-old question that I always get this time of year – How does payment for a Public Holiday work?
The first thing to determine, before I jump into what the law says and how to implement this in practice, is to establish whether the person is working on the Public Holiday, or like me, sitting at home spending it with friends and family?
Section 18 – Public holidays
- An employer may not require an employee to work on a public holiday except in accordance with an agreement (a Contract of Employment, in other words). If a public holiday falls on a day on which an employee would ordinarily work (normal work day – Monday to Friday) but the employee does not work, will the employee be entitled to the wage that the employee would ordinarily have received for work on that day – normal daily wage.
- Should the employee work on a public holiday, must the employer pay the employee at least x2 the amount of the ordinary hourly rate.
What this says is that should you not work on the public holiday, do you only get paid a normal day’s wage, however, should you go to work/ perform your duties, are you entitled to x2 your normal daily wage. You are only entitled to payment if you render services/ perform duties, and not if you were only willing to work.
Should the majority of the workforce wish to trade a public holiday (let’s say that falls on a Tuesday) and exchange it for a normal working day (let’s say the Monday), then you can do so, given there is an agreement with staff, signed by the employees. They will, in this instance, have a long weekend off and come in on Tuesday and get paid a normal day’s wage. This typically happens in a factory/ site type of environment.
Should you wish to discuss this with a professional or would like us to review your current policies and procedures, are you very welcome to make contact with us.
Off the Desk of
Gerhard Kotze’
Managing Director
0836986945
gerhard@salabourhelp.co.za
