Working In Time Arrangements and Public Holidays – What Does the Main Agreement Require?
Thursday the 21st of March is the paid public holiday, Human Rights Day. With a public holiday falling on a Thursday, it can be very disruptive for companies. Consequently, you may wish to swop the public holiday on the Thursday for another day, such as Friday the 22nd, Monday the 25th or Thursday the 28th (the day before Good Friday). This form of working time in, in exchange for extending long weekends created by the public holidays, is dealt with under section 38 of the Main Agreement and essentially allows for two things:
- An arrangement to work-in time on a shift or shifts not ordinarily worked by such employees in order to achieve the paid extension of:
a. Any public holiday; or
b. A period not ordinarily worked by the employees; or
c. The annual shutdown period. - An arrangement to close an establishment during any period of work specified as normal working hours for that establishment.
In order to implement either of the abovementioned plans, the employer need the support of at least 75% of the employees, which may be obtained by means of holding a company ballot.
The periods highlighted above count towards the employee’s qualification for the purposes of both Leave Pay and Leave Enhancement Pay.
Where an employee’s services terminate before the implementation of the agreed working-in time arrangement, payment for all time worked outside of normal working hours of work in respect of this arrangement will be made in accordance with the appropriate overtime rates, i.e. 1,5X the normal hourly rate for hours worked before or after normal hours during the week or on Saturdays, and 2X the normal hourly rate for time worked on Sunday.
Please note that an employer must advise the Regional Council and the parties concerned, i.e. the employee representatives and, if applicable, their representative trade unions, of the outcome of the company ballot where any of the above arrangements are to be implemented.
For assistance with the payment of public holidays or any other query, please contact SAEFA.