Additional Public Holiday Declared
President Cyril Ramaphosa has declared Tuesday, 27 December 2022 a public holiday.
Employers therefore need to be aware of their obligations in terms of section 18 and section 20(8) of the Basic Conditions of Employment Act 75 of 1997 (“the BCEA”).
Section 18 of the BCEA requires an employer to pay an employee who does not work on a public holiday, at least the wage the employee would ordinarily have received for work on that day. An employee who does work on the public holiday must be paid at least double the wage the employee would ordinarily have received, or if it is greater, the employee’s ordinary wage plus the amount earned by the employee for work on that day. This applies if a public holiday falls on a day on which an employee would ordinarily work.
If an employee works on a public holiday on which the employee would not ordinarily work the employer must pay an employee an amount equal to the employee’s ordinary daily wage plus the amount earned by the employee for work performed that day.
In terms of section 20(8) of the BCEA, an employer must grant an employee and additional day of paid leave if a public holiday falls on a day during an employee’s annual leave on which the employee would ordinarily have worked.
In South Africa, whenever a public holiday falls on a Sunday, the following Monday is a public holiday. This is in terms of section 2(1) of the Public Holidays Act 36 of 1994.
This year, 25 December 2022 (Christmas Day) falls on a Sunday. This would mean that Monday, 26 December 2022 would automatically be considered as a public holiday. However, 26 December 2022 (Day of Goodwill) is already a public holiday in terms of the Public Holidays Act.
This means that South Africans would effectively “lose” a public holiday.
The President’s declaration means that employers are now bound to pay employees in accordance with section 18 of the BCEA for Sunday, 25 December 2022, Monday, 26 December 2022 and Tuesday, 27 December 2022.
In addition, where an employee has been granted annual leave for 27 December 2022, this day can no longer be regarded as annual leave but rather a public holiday and a days’ annual leave would still be standing to the employee’s credit.
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