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Labour Relations Act, 1995 (Act No. 66 of 1995)

National Bargaining Council for the Road Freight and Logistics Industry (NBCRFLI)

Main Collective Agreement

Part 2 : Hours of Work

15. Work on public holidays

 

 

1) If a public holiday falls on a day on which an employee would ordinarily work, an employer must-
a) pay 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; and
b) pay an employee who does work on the public holiday-
c) double the wage the employee would ordinarily have received for work on that day; or
d) if it is greater, the amount the employee would ordinarily have received for work on that day, plus double the amount earned by the employee for each hour, or part thereof, worked on that day; or
e) grant an employee who works on the public holiday paid time off in lieu of public holiday pay, in which case the provisions of sub-clauses (3) - (6) of clause 14 apply, with the necessary changes.

 

2) An employee who works on a public holiday must be credited with one (1) working day.

 

3) An employee may not insist on working on a public holiday.

 

4) If a public holiday falls on a Sunday, the following Monday is regarded as a public holiday and if the Day of Goodwill falls on a Monday, the following Tuesday is regarded as a public holiday.

 

5) An employee's period of annual leave must be extended by one day for each public holiday that falls within the period of leave and the employer must-
a) pay the employee his or her ordinary wage for each public holiday in addition to the leave pay that is due to the employee; and
b) credit the employee with one (1) working day in respect of each public holiday for the purposes of calculating the employee's qualifying period for annual leave during the following year.

 

6) Sub-clause 1(a) does not apply to relief employees.