Public Holidays Act, 1994 (Act No. 36 of 1994)

5. Employee entitled to paid public holidays
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(1)Subject to the provisions of subsection (2), every employee shall be entitled to—
(a)at least the number of public holidays as provided for in this Act;
(b)payment for every public holiday, which payment shall be at least as favourable as the payment provided for by section 11 of the Basic Conditions of Employment Act, 1983 (Act No. 3 of 1983).

 

(2)Where an employee, in terms of any wage regulating measure referred to in section 1(1) of the Labour Relations Act, 1956 (Act No. 28 of 1956), agreement or contract of employment, is entitled to more than the number of public holidays as provided for in this Act, such regulating measure, agreement or contract of employment shall, insofar as it relates to the number of public holidays, not be affected by the provisions of this Act.

 

(3)Notwithstanding the proviso to section 3 of the Agricultural Labour Act, 1993 (Act No. 147 of 1993), the amendment to the Basic Conditions of Employment Act, 1983, as contained in Schedule 2, shall apply to farming activities and employers and employees engaged therein.