Section 18 of the Basic Conditions of Employment Act 75 of 1997 (hereafter “BCEA”) states that if the Employee works on a Public Holiday he/she is entitled to receive double their normal daily salary.
What if the Employee agreed to work on a Public Holiday, but refuses to do so - may you as Employer deduct the day as unpaid leave?
Firstly, section 34 of the BCEA provides that an Employer may not deduct any money from an Employee, unless the Employee has agreed thereto in writing and a fair process has been followed, i.e. an investigation into the misconduct and/or an investigation.
Secondly, section 5 of the Public Holiday Act 36 of 1994 clearly states that all Employees, regardless of any circumstances, are entitled to not work on a Public Holiday and still receive full remuneration.
Subsequently, the answer to the question is no, unless the Employer and the Employee has an agreement, wherein the Employee agrees that if so required the Employee will work on Public Holidays.
Article by Alicia van Wyk (Associate at WJvR Inc)