Working on a public holiday
General information about the BCEA, not legal advice. For a dispute, contact the Department of Employment and Labour or the CCMA.
Work is by agreement
An employer may not require you to work on a public holiday except under an agreement (section 18(1)). The Public Holidays Act also lets you and your employer agree to swap the holiday for another day.
Minimum pay
| Situation | At least |
|---|---|
| Holiday on a normal workday, you don't work | Your ordinary wage for that day |
| Holiday on a normal workday, you work | Double your ordinary daily wage, or ordinary wage plus earnings for the time worked if more |
| Holiday on a day you don't normally work, you work | Your ordinary daily wage plus earnings for the work done |
Pay is due on your usual pay day. A shift that runs over a public holiday and another day counts as worked on the public holiday, unless most of it was on the other day (section 18(5)).
Domestic workers
Domestic workers have the same public holiday rights under Sectoral Determination 7. The HelperPay payslip generator works out public holiday pay for them.
Which days are public holidays?
Frequently asked questions
Can my employer make me work on a public holiday?
Only by agreement. Section 18(1) of the BCEA says an employer may not require an employee to work on a public holiday except in accordance with an agreement.
Do I get paid for a public holiday I don't work?
Yes, if it falls on a day you would normally work: at least your ordinary wage for that day (section 18(2)(a)).
How much do I get for working a public holiday?
If it is a normal workday for you: at least double your ordinary daily wage, or your ordinary wage plus what you earned for the time worked if that is more (section 18(2)(b)). If it is not a normal workday: your ordinary daily wage plus what you earned for the work (section 18(3)).
When must public holiday pay be paid?
On your usual pay day (section 18(4)).
Does this apply to everyone?
No. Chapter Two of the BCEA does not apply to senior managers, sales staff who travel to customers and set their own hours, or people who work less than 24 hours a month for an employer. Sectoral determinations, bargaining council agreements and contracts can give more.