Clause 9.6.1 of the MIBCO Main collective agreement states:
“Employees shall be entitled to leave on full pay on all days that are public holidays in terms of section 1, or declared as such under section 2 of the Public Holidays Act, 1994.”
The above does not mean that an employee can’t work on a Public Holiday, an employee may agree to work on a public holiday if the employer request this of him. When an employee works on a Statutory public holiday his employer shall pay him double his hourly rate for each hour or part of an hour worked on such day.
This does not mean that the employee must agree to work on a public holiday, if the employee refuse such a request they must have reasonable grounds for the refusal, this said the employer needs to have reasonable grounds for the request to work on a public holiday.
The following needs to be looked at once a request to work on a public holiday is given to ensure this is reasonable:
The MIBCO Main Collective Agreement specifies in Clause 9.6.4 that:
“Notice to work on a public holiday must not be given less than three days’ in advance to the employee. An employee who fails to report for duty on such a public holiday will forfeit his right to any holiday pay” (Own Emphasis)
If you do advise your employer that you will not be working on such a holiday, you are still entitled to normal salary for the day as per Clause 9.6.1 mentioned above.
In a Nutshell: An employer can ask you to work on public holidays if it is needed, but can’t force you to work on a public holiday. If you do not inform an employer that you will not be attending work you will not be paid for the public holiday.
Remember MISA is just a phone call away