The provisions of clause 16 of Part 1 of this Agreement shall apply, subject to the following:
16.1 | An employer may not require or permit employees, apart from security guards and guards, to work on a public holiday except in accordance with an agreement. |
16.2 | Public Holidays will be as per the Public Holidays Act, 1994 [as amended]. |
16.3 | As per the provisions cf sub-clause 16.3 of a Part 1 of this Agreement. |
16.4 | If a public holiday falls on a Sunday, the following Monday must be a public holiday. |
16.5 | If public holiday falls on a day in which an employee would ordinarily work and an employee does not work on this public holiday, an employer must pay an employee his/her basic daily wage for that public holiday. |
16.6 | If an employee works less than 4 hours on a public holiday then the employer must pay that employee his/her basic daily wage, plus a basic hourly rate for 4 hours. |
16.7 | If an employee works for longer than 4 hours on a public holiday, then the employer must pay that employee at double his or her normal daily rate, or double the hourly rate for the hours worked, whichever is the greater. |
16.8 | If the Day of Reconciliation falls on a Saturday, an employer of an employee who works five days a week must pay that employee an additional days wage for that week. The day's wages is the basic daily wage. |
16.9 | If an employer chooses to shut down on any religious holiday then the employees must be paid as if they had worked on that day. |
16.10 | An employee may take paid leave of one hour on 18 July each year for a general meeting at the time and place agreed between the employer and the trade union representatives at the work place. |
16.11 | An employee who absents himself/herself from work on any ordinary working day immediately preceding and/or immediately following any public holiday, shall not be paid for such public holiday unless such absence is on account of medically certified sickness or a protected strike. |
16.12 | if a public holiday falls on a Saturday during the formal December/January shutdown period, the public holiday is to be paid. |
[Part 2 Annexure L C(16)(16.12) inserted by Notice No. 1343, GG47302, dated 14 October 2022]