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

Notices

Bargaining Council for the Hairdressing and Cosmetology Services (Semi-National)

Main Collective Agreement

15. Public Holidays

 

 

15.1 An employer may not require an employee to work on a public holiday except in accordance with an agreement.

 

15.2 If a public holiday falls on a day on which an employee would ordinarily work, an employer shall pay—
15.2.1 an employee who does not work on the public holiday, at least the remuneration or basic salary or wages that the employee would ordinarily have received for work on that day;
15.2.2 an employee who does work on the public holiday—
15.2.2.1  at least double the amount referred to in 15.2.1; or
15.2.2.2  if it is greater, the amount referred to in 15.2.1 plus the amount earned by the employee for the time worked on that day.

 

15.3 If an employee works on a public holiday on which the employee would not ordinarily work, the employer shall pay that employee an amount equal to—
15.3.1 the employees' ordinary daily remuneration or basic wages salary or wage; plus
15.3.2 the amount earned by the employee for the work performed that day, whether calculated by reference to time worked or by any other method.

 

15.4 An employer shall pay an employee for a public holiday on the employee's usual pay day.

 

15.5 If a shift worked by an employee falls on a public holiday and another day, the whole shift shall be 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 shall be deemed to have been worked on the other day.

 

15.6 In terms of section 2(2) of the Public Holidays Act, 1994 (Act No. 36 of 1994), a public holiday is exchangeable for any other day which is fixed by agreement or agreed to between the employer and the employee.