Many South Africans work through public holidays without realising they may be entitled to extra pay or the right to refuse. This guide explains what the law says and how to check whether you are being paid correctly.
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For many South Africans, a public holiday means a braai, sleeping in or enjoying a long weekend. For millions of others — especially those in retail, hospitality, healthcare and security — it is simply another working day.
If you are one of the people keeping the country running while others are relaxing, you may be wondering: can your employer require you to work, and should you be paid more?
The Basic Conditions of Employment Act (BCEA) sets clear rules on working public holidays. Here is what you need to know.
An employer may not require you to work on a public holiday unless you have agreed to do so.
This agreement is usually included in your employment contract. Many employees sign clauses stating they agree to work public holidays when required by operational needs. If such a clause exists, refusing to work could lead to disciplinary action.
However, if there is no clause in your contract — and no applicable collective agreement — working on a public holiday remains voluntary.
If you work on a public holiday, you must be compensated for giving up your day of rest. The calculation depends on whether the holiday falls on a normal working day.
If the public holiday falls on a normal working day and you work: Your employer must pay at least double your normal wage for that day. Alternatively, if you receive a monthly salary, your employer must add your normal daily wage to your salary.
If the public holiday falls on a normal working day and you do not work: You are entitled to the day off with full pay. Your employer may not deduct money because the business was closed.
If the public holiday falls on your normal day off and you work: Your employer must pay your ordinary daily wage plus your normal hourly rate for the hours worked.
Under the Public Holidays Act, when a public holiday falls on a Sunday, the following Monday is also recognised as a public holiday.
This often causes confusion. If you work on the Sunday, public-holiday pay applies. If you work on the Monday, public-holiday pay also applies. Courts have confirmed that both days qualify for public-holiday compensation.
An employer may offer an alternative paid day off instead of double pay — but only if you agree in writing.
For example, you may agree to work on Heritage Day at your normal rate in exchange for another paid day off later. An employer may not impose this arrangement unilaterally.
If your shift overlaps with a public holiday — for example, from 10pm the night before until 6am on the holiday — the majority of hours worked determines how the shift is treated.
If most hours fall on the public holiday, the entire shift must be paid at public-holiday rates.
Public-holiday underpayment is common. Some employers pay normal rates, assuming employees are unaware of their rights or reluctant to challenge the mistake.
If your payslip appears incorrect, raise the issue with management or HR first. Wage calculations can be complex, and early clarification often resolves disputes.
If your employer still refuses to comply with the BCEA, professional legal assistance can help ensure you receive what you are owed.
Your time is valuable, and the law recognises the sacrifice of working while others rest.
Check your employment contract. Check the calendar. And always check your payslip.
** Aslam Moolla is the founder and director of Legal Leaders and co-founder of Legal Leaders Insurance. He is a passionate labour lawyer with over 14 years of experience. Moolla and the Legal Leaders have become a prominent voice for workplace fairness and a commitment to ensuring every South African knows their rights and how to defend them.
***The views expressed here do not necessarily represent those of Independent Media or IOL.
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