Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 12 : Forestry Sector, South AfricaPart D : Hours of Work23. Public holidays |
| (1) | An employer may not require a forestry worker to work on a public holiday, except in accordance with an agreement. |
| (2) | If a public holiday falls on a day on which a forestry worker would otherwise have worked, an employer must pay— |
| (a) | a forestry worker who does not work on the public holiday the forestry worker’s daily wage or task rate; |
| (b) | a forestry worker who does work on the public holiday at least double the daily wage or double the task rate. |
| (3) | If a forestry worker works on a public holiday on which the forestry worker would not normally work, the employer must pay the forestry worker an amount equal to— |
| (a) | the forestry worker’s daily wage; plus |
| (b) | the forestry worker’s hourly wage for each hour worked on the public holiday. |
| (4) | An employer must pay a forestry worker for a public holiday on the forestry worker’s normal payday. |
| (5) | If a shift worked by a forestry worker falls on a public holiday and another day, the whole shift is 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 is deemed to have been worked on the other day. |
| (6) | In accordance with section 2(2) of the Public Holidays Act, 1994 the parties can exchange a public holiday for any other day. |