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

Sectoral Determinations

Sectoral Determination 7 : Domestic Worker Sector, South Africa

Part D : Hours of Work

18. Public holidays

 

(1) An employer may not require a domestic worker to work on a public holiday, except in accordance with an agreement.

 

(2) If a public holiday falls on a day on which a domestic worker would otherwise have worked, an employer must pay a domestic worker—
(a) who does not work on the public holiday the domestic worker's daily wage;
(b) who does work on the public holiday at least double the daily wage.

 

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

 

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

 

(5) If a shift worked by a domestic worker 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.

 

 


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