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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 9 : Wholesale and Retail Sector, South Africa

Part D : Hours of Work

20. 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 have worked, an employer must pay an employee—
(a) who does not work on the public holiday the employee's daily wage;
(b) who does work on the public holiday at least double the daily wage.


(3) If an employee who works on a public holiday on which the employee would not ordinarily have worked, the employer must pay that employee an amount equal to—
(a) the employee's daily wage; plus
(b) the employee's hourly wage for each hour worked on the public holiday.


(4) An employer must pay an employee for a public holiday on the employee's normal payday.


(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.