Work on Sundays and Public Holidays
Published in Labour Law · 1 April 2019
April is a month full of public holidays which allows us to spend more time with our loved ones. Unfortunately, not everyone can relax at home with their families on public holidays. Business owners and employees in the retail, security, medical and hospitality sectors, amongst others, must keep the engine running even during public holidays so that the rest of us can benefit from the services and products they provide. This does not mean that the business owners and employees working on public holidays will not see any benefits from their hard work and sacrifices. There is financial gain for the employer in the form of business profits and for the employees there is an increase in wages above the normal rate for the time worked.
The Basic Conditions of Employment Act (BCEA) has specified in detail the rules and regulations for work on Sundays and Public Holidays so that it can be beneficial to both employers and employees. Below are some of the basic rules regarding work on Sundays and Public Holidays, the rules are subject to the employment contracts and any agreements signed between employer and employee:
Work on Sundays
Employees that normally work on Sundays are entitled to be paid one and a half times their normal rate whilst employees who do not normally work on Sundays are entitled to double their normal rate if they work on a Sunday.
Work on Public Holidays (subject to an agreement)
If a public holiday falls on a day that an employee would ordinarily have worked, and the employee works on the public holiday then the employee is entitled to be paid double the normal rate.
If a public holiday falls on a day that an employee would not have ordinarily worked and the employee works on the public holiday, then the employee is entitled to be paid one day’s wage plus the normal hourly rate for the hours worked on the public holiday.
The laws regarding work on public holidays and Sundays in the Basic Conditions of Employment Act indicate the importance of a comprehensive employment contract that will describe what constitutes ordinary working hours and a normal working day. Business owners should have proper agreements in place regarding the requirements for work on public holidays so that they don’t find themselves in deep water when it becomes necessary to call out a staff member in an emergency.
This year on the 16th June, a public holiday will fall on a Sunday which means that the following Monday will automatically also be a public holiday. This scenario can cause some problems for employers who have staff that are working on both Sunday and Monday. Do you treat both as public holidays and pay double the wages on both days or do you treat only one of them as a public holiday and the other as a normal Sunday or normal Monday? Common sense would tell us that the purpose of the law was to benefit employees working Monday to Friday weeks and who felt they were losing a public holiday when it fell on a Sunday. Despite the law being silent on this the approach that is commonly used is treating the Sunday as a normal Sunday and treating the Monday as a public holiday simply because it strikes a balance between two extremes.
There are many such scenarios that can cause consternation when trying to apply basic laws but we should rest assured that a solution is always available.
This article does not constitute legal advice and is based on the author’s interpretation of legislation and case law. Book a consult for legal advice or assistance pertaining to your specific matter.