Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships17. Public holidays |
| (1) | An employer may not require a learner to work on a public holiday except in accordance with an agreement. |
| (2) | If a public holiday falls on a day on which a learner would ordinarily work, an employer must pay: |
| (a) | a learner who does not work on the public holiday, at least the allowance that the learner would ordinarily have received for work on that day; |
| (b) | a learner who does work on the public holiday – |
| (i) | at least double the amount referred to in paragraph (a); or |
| (ii) | if it is greater, the amount referred to in paragraph (a) plus the amount earned by the learner for the time worked on that day. |
| (3) | If a learner works on a public holiday on which the learner would not ordinarily work, the employer must pay that learner an amount equal to: |
| (a) | the learner's daily allowance; plus |
| (b) | the amount earned by the learner for the work performed that day. |
| (4) | An employer must pay a learner for a public holiday on the learner's usual pay day. |
| (5) | If a shift worked by a learner 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. |