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

Notices

Bargaining Council for the Metal and Engineering Industries

Main Collective Agreement

Part 1 : Conditions of Employment

11. Payment for Public Holidays

 

 

(1)
(a) If an employee does not work on a public holiday that falls on a day which otherwise is an ordinary working day for such an employee, including periods of short time and lay offs,  he shall be paid at his ordinary rate for the ordinary working hours of that day of the week.
(b) If an employee works on a public holiday which falls on a day which otherwise is an ordinary working day for such an employee, he shall be paid for the number of hours payable in terms of subclause (1)(a) and shall, in addition, be paid at one and one-third times the hourly rate for time worked up to the said number of hours. Thereafter he shall be paid two and a half times the hourly rate until the usual starting time of the next day.
(c) If an employee works on a public holiday that falls on a Sunday, he shall be paid in accordance with the provisions of clause 5 of this Agreement which relates to payment for time worked on Sundays.  Notwithstanding the provisions of this subclause time worked on a Christmas Day which falls on a Sunday shall be paid in terms of subclause (1)(d) of this clause.
(d) If an employee works on a public holiday which falls on a day which otherwise is not an ordinary working day for such an employee, he shall be paid an amount which shall be not less than the wage payable to such an employee in respect of the time which is ordinarily worked by him on a working day and shall, in addition, be paid at one and one-third times the hourly rate for time worked up to the said number of hours. Thereafter he shall be paid two and a half times the hourly rate until the usual starting time of the next day.

 

(2) The provisions of subclause (1)(b) shall not apply in establishments working a two and three shift system in respect of the hours worked on a public holiday which forms part of the normal shift: Provided that the normal shift immediately prior or subsequent to that on which such hours have been worked shall be regarded as the public holiday to which the provisions of this clause shall apply.

 

(3) For the purposes of this clause, the ordinary hourly rate of employees employed on incentive bonus work shall be the hourly rate for the class of work scheduled in this Agreement.