Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesBargaining Council for the Restaurant, Catering and Allied TradesExtension to Non-parties of the Main Collective Agreement7. Paid Holidays |
(1)
| (a) | Paid holiday means a public holiday as proclaimed in terms of the Public Holidays Act, 1994. Whenever a paid holiday falls on a Sunday, the following Monday shall be a paid holiday. Any paid holiday shall be exchangeable for any other day that is fixed by agreement or agreed to between an employer and employee. |
| (b) | Whenever an employee works for a period that falls partly on a public holiday and partly on an ordinary working day, such an employee shall, for the purpose of this clause,be deemed to have worked the whole period on the day on which the major portion of such working period falls. |
| (2) | When an employee is not required or permitted to work on a paid holiday that falls on a working day, his employer shall pay him his normal wage for that day. |
| (3) | When an employee works on a paid holiday that is a working day, his employer shall pay him double his hourly rate for all hours worked, with a minimum of double a day's pay. |
| (4) | When an employee works on a paid holiday that falls on a day that is not his normal working day, his employer shall pay him either— |
| (a) | double his hourly rate of pay for all hours worked, with minimum of double a day's pay; or |
| (b) | one and one half times his hourly rate of pay, for all hours up to eight hours worked, with a minimum of eight hours' pay, and double time thereafter and grant him within seven days one day's leave on full pay: Provided that, with the written request of the employee, an extra day of leave may be granted in lieu of this day off. |
| (5) | If a paid holiday falls within an employee's period of annual leave, the period of such leave shall be extended by one working day for each paid holiday falling within his period of leave in terms of the provisions of clause 16(1). |