Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination 13 : Farm Worker Sector, South AfricaPart D : Hours of Work20. Public holidays |
| (1) | An employer may not require a farm 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 farm worker would ordinarily work, an employer must pay— |
| (a) | a farm worker who does not work on the public holiday, at least the wage that the farm worker would ordinarily have received for work on that day; |
| (b) | a farm worker who does work on the public holiday— |
| (i) | at least double the daily wage; or |
| (ii) | if it is greater, the amount referred to in sub-clause(2)(a) plus the amount earned by the employee for the time worked on that day. |
| (3) | If a farm worker who works on a public holiday on which the farm worker would not normally work, the employer must pay that farm worker an amount equal to— |
| (a) | the farm worker’s daily wage; plus |
| (b) | the farm worker’s hourly wage for each hour worked on the public holiday. |
| (4) | An employer must pay a farm worker for a public holiday on the farm worker’s normal payday. |
| (5) | If a shift worked by a farm 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. |