The short answer is yes – you must pay franchise staff for public holidays, whether they work or not. Here’s the answer to that question in more detail…
What is a Public Holiday?
A public holiday is a legal holiday, authorised by law. South Africa has twelve public holidays during the year and they’re governed by the Public Holidays Act No. 36 of 1994. If a public holiday falls on a Sunday, this Act determines that the following Monday will be a public holiday.
Public holidays during the festive season include…
16 December – The Day of Reconciliation
25 December – Christmas Day
26 December – Day of Goodwill
1 January – New Year’s Day.
Are my franchise staff entitled to the day off on public holidays?
Working on public holidays is regulated in Section 18 of the Basic Conditions of Employment Amendment Act, No. 11 of 2002 (BCEA). The Act determines that everyone is entitled to have apaid day off on a public holiday.
What if my franchise is open for business on a public holiday?
You will have to compensate workers for working on a public holiday, in terms of the BCEA:
- If a worker’s normal shift falls on a public holiday – double the normal wage rate applies
- If a worker works on a public holiday, but it’s not normally his/her shift – daily wage rate plus the amount earned for work done on that day applies
- For night shift workers, where some hours fall on a public holiday (after midnight) and some the day before a public holiday (before midnight) – the entire shift is deemed to take place on the public holiday (except where the greater number of hours worked falls before midnight) and they must be remunerated accordingly.
Remember: The law applies to all employees. Casual workers who work 24 hours or more a month are also fully covered by the BCEA.
For more information, Download the BCEA or consult a labour attorney.
Author: Franchise Finder, Online Directory of Franchises and Business Opportunities in South Africa