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Employee Public Holiday benefit.

So you think an employee who works on a public holiday gets paid double time?
Wrong, itís more complicated !

BASIC CONDITIONS OF EMPLOYMENT ACT (BCE Act 11 of 2002) SECTION 18.
Applies to all Employers in South Africa.

18.2) If a Public Holiday falls on a day on which an Employee would ordinarily work, an employer must pay.
a) 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.
b) an employee who does work on the public Holiday.
i) at least double the amount referred to in paragraph a), OR
ii) if it is greater, the amount referred to in paragraph a), plus the amount earned by the employee for the time worked on that day.

-This means in simply language
+If a Public Holiday falls on a normal working day for an employee, such employee must be paid for the normal time he/she would have worked.
+If an employee works on such a day, the employee must in addition be paid for such time at whatever rates would have been applicable, but not less than the equivalent of one whole normal dayís income.


METAL & ENGINEERING INDUSTRIES BARGAINING COUNCIL (MEIBC) MAIN AGREEMENT (2009/2011) SECTION 11
Applies to all Employers in SA that fall under the MEIBC.

11.1.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.
11.1.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.

-This means in simple language...
+If a Public Holiday falls on a normal working day for an employee, such employee must be paid for the normal time he/she would have worked.
+If an employee works on such a day, the employee must in addition be paid for such time at one-and-a-third of his/her normal rate, AND time worked over and above the ordinary time worked for this day, shall be at two-and-a-half times the normal rate.


ADDITIONAL NOTES
-The BCEAct Section 18.1) essentially says that an Employer cannot demand that an employee works on a Public Holiday, other than by mutual agreement.
-Although the BCEAct in Section 6 state that the provisions regulating Working Time does not apply to certain categories of (higher level) employees, for practical purposes are all employees entitled to the Public Holiday benefit.

Pierre Leon Myburgh