Understanding Work on Public Holidays: A Guide to Section 18 of the Basic Conditions of Employment Act

Under South African labour law, specifically Section 18 of the Basic Conditions of Employment Act (BCEA), work performed on public holidays is strictly regulated to protect employee rights. Here’s what both employers and employees need to know about working on a public holiday.

2025/04

By Jan du Toit, Director at Labour Guide.

1. Work on a Public Holiday Must Be by Agreement

An employer may not require an employee to work on a public holiday unless there is an existing agreement between both parties. This can be contractual or a mutual understanding reached through discussion. Without such agreement, an employee has the legal right to refuse to work on a public holiday.

2. Payment Rules for Public Holidays

The BCEA outlines different payment scenarios depending on whether the employee works on the public holiday and whether it would have been a normal working day.

A. If the public holiday falls on a normal working day:

• Employee does not work: The employee must be paid their ordinary daily wage.
• Employee does work: The employer must pay:
  • At least double the ordinary wage, or
  • The ordinary wage plus payment for the hours worked—whichever amount is greater.

B. If the public holiday falls on a non-working day for the employee:

• The employee must be paid:
  • Their ordinary daily wage, plus
  • The wage earned for time worked.

* See exceptions further down.

C. Payment date:

• All payments for work on public holidays must be made on the employee’s usual payday.

3. Public Holidays and Shift Work

Where a shift straddles a public holiday and another day:

• The entire shift is deemed to have been worked on the public holiday if the greater portion falls on the holiday.
• If the greater portion of the shift falls on the other day, it is considered to have been worked on that other day.

4. Who Does This Apply To?

These provisions apply to all categories of employees, including:

• Permanent
• Temporary
• Fixed-term contract
• Project-based

Exceptions:

• Section 18 does not apply to employees that work less than 24 hours per month.
• * Section 18(3) does not apply to employees who earn above the earnings threshold published by the Minister of Employment and Labour under Section 6(3) of the BCEA. This means high earners may not be entitled to the same benefits for working on public holidays when it’s not their ordinary workday.

5. Substituting a Public Holiday

In terms of the Public Holidays Act, an employer and employee may agree to exchange a public holiday for another day. For example:

• If employees agree to work on Easter Monday, they may receive a different day off, which will then be treated as the public holiday.
• Such agreements should be formalized in writing to avoid misunderstandings.

Note: This substitution affects only the day off, not the payment entitlements described in the BCEA.

6. Bargaining Council Agreements

Employees covered by Bargaining Council Main Agreements may be subject to different rules regarding work on public holidays. These collective agreements may override some provisions of the BCEA where applicable.

7. When a Public Holiday Falls on a Sunday: Does Monday Also Count?

One area of ongoing confusion for employers arises when a public holiday falls on a Sunday. The question is often asked: Does the following Monday also become a public holiday, or does it replace the Sunday?

This isn’t just a technicality—it has practical and financial consequences. For businesses that operate on Sundays and have agreed with employees that Sunday is part of the normal workweek, this situation can potentially mean two consecutive public holidays. That may result in double time off, double pay, or both.

The matter was addressed in the well-known case of Randfontein Estates Ltd v National Union of Mineworkers, where the courts were asked to interpret Section 2(1) of the Public Holidays Act 36 of 1994. The relevant part of the law reads:

“Whenever any public holiday falls on a Sunday, the following Monday shall be a public holiday.”

The employer in this case argued that if a public holiday lands on a Sunday, the Monday should be treated as the substitute holiday, and not both days. However, the union representing the workers took the position that both Sunday and Monday must be treated as public holidays.

The Labour Court and the Labour Appeal Court sided with the union. Their interpretation confirmed that the legislation’s wording means exactly what it says: if a public holiday falls on a Sunday, the following Monday becomes an additional public holiday, not a replacement.

The courts emphasized that what matters is the calendar date of the public holiday—not the day of the week on which it occurs. Just because a public holiday happens to fall on a Sunday doesn’t make it any less of a public holiday. This means that employers may need to plan for double public holiday entitlements in such years—particularly where Sunday operations are routine.

Conclusion

Work on public holidays in South Africa is governed by clear and protective legislation under the BCEA. While employers may require employees to work on such days, this must be done with the employee’s consent and proper remuneration. Awareness of these rights and responsibilities ensures fair and lawful treatment in the workplace.