PAYMENT FOR PUBLIC HOLIDAYS, OVERTIME, AND SUNDAY WORK

Public Holiday Payment

1. Do employees in the hair and beauty industry get paid extra for working on public holidays?

Answer: Employees who work on public holidays are entitled to higher pay (often referred to as "premium pay"). This may be:

• Double time (i.e., twice the normal hourly rate)

• Time and a half (i.e., 1.5 times the normal hourly rate)

As per the collective agreement – Area (A – D) may vary: to refer to the specified area.

The exact pay rate depends on the collective agreement for the industry or the company's employment policy. Employers are required to adhere to these agreements, which may also specify whether the employee must have worked a minimum number of hours or have been employed for a certain period to qualify for public holiday pay.

2. What if an employee is unable to work on a public holiday?

Answer: If an employee cannot work on a public holiday due to personal reasons, illness, or any other issue, the collective agreement may allow them to take the day off subject to the SPF rule, or if the employee as plied for family responsibility leave or annual leave. However, if the employee is scheduled to work and does not attend, the leave may be unpaid or subject to disciplinary action, depending on company policy.

3. Can an employer require of an employee to work on a public holiday?

Answer: Employers may require employees to work on public holidays depending on the nature of the business, especially in industries like hairdressing or cosmetology where business can be busy during holidays. However, the collective agreement typically outlines whether employees can refuse work on public holidays and under what conditions (e.g., medical or religious reasons). Employees may also be entitled to extra pay or compensatory time off in lieu of the payment, if they are required to work.

4. Are employees entitled to a paid day off if the salon or spa is closed on a public holiday?

Answer: If the salon, spa, or beauty clinic closes for the public holiday, employees are often still entitled to their usual pay for the day, especially if they are full-time employees covered by the collective agreement. However, if the employee is part-time or casual, this may depend on the terms of their contract.

Overtime Payment

1. What is considered overtime in the hair and beauty industry?

Answer: Overtime typically refers to hours worked beyond the standard working hours as defined by the collective agreement or Basic Conditions of Employment Act (BCEA). In many cases, a standard workweek is 40 – 45 hours, and any work beyond that is considered overtime. The collective agreement may specify different overtime rates, such as:

• Time and a half (1.5x) for the first 2-4 hours of overtime

2. How is overtime calculated?

Answer: Overtime pay is generally calculated based on the employee's standard hourly rate. For example, if an employee's regular hourly rate is R15, their overtime rate may be R22.50 (time and a half) or R30 (double time), depending on the terms of the collective agreement.

3. Can an employer force an employee to work overtime?

Answer: Employers may request or require employees to work overtime, but this must be in compliance with the collective agreement and BCEA. In some cases, employees can refuse overtime if it goes against their contract or if they are unable to work due to personal reasons. However, refusal to work overtime without a valid reason may lead to disciplinary action in certain circumstances.

4. Is overtime pay applicable if an employee stay past their regular hours to finish a client?

Answer: Yes, if an employee worked beyond their scheduled hours to finish a client or to meet business needs, this may be considered overtime, depending on the collective agreement and or the employer approving the overtime. Some agreements specify that overtime applies only after a certain number of hours worked, while others may allow for overtime pay if employees are required to stay after their regular shift.

Sunday Payment

1. Do employees working on Sundays get paid more?

Answer: Many collective agreements or industry-specific regulations stipulate higher pay for work done on Sundays. The pay may be:

• Time and a half (1.5x) or

• Double time (2x)

Sunday pay rates vary based on the collective agreement, but working on a Sunday is often viewed as a premium shift in many service-based industries, including beauty and hairdressing.

2. Can an employer schedule an employee to work on Sundays?

Answer: Employers can schedule employees to work on Sundays, but employees may be entitled to extra pay or compensatory time off, depending on the collective agreement. If an employee is unable to work on Sundays due to personal reasons (such as religious observance), they should engage with the employer to see if accommodations can be made.

3. Are employees entitled to a day off if they work on a Sunday?

Answer: In some cases, if an employee works on a Sunday, they may be entitled to a compensatory day off or an additional day of paid leave (as per the collective agreement or company policy). This is more common in industries where employees work irregular hours or weekend shifts.

4. How is Sunday pay calculated for part-time or casual workers?

Answer: Part-time or casual workers are often entitled to the same Sunday pay rates as full-time employees, provided they are working the hours outlined in their contracts or as per the collective agreement. However, the specific entitlement may vary depending on the nature of the employment and the applicable collective bargaining agreement.

General Considerations for Employers

1. How do I find out what the collective agreement says about public holidays, overtime, and Sunday work?

Answer: The collective agreement should be provided to all employers and employees, either as a physical document or an online resource. Employers are encouraged to familiarise themselves with the terms of the agreement, which should outline specific pay rates for public holidays, overtime, and Sunday work. If you’re unsure, ask your EOHCB representative for clarification.

2. Are there any exceptions to the public holiday, overtime, and Sunday pay rules?

Answer: Yes, exceptions may exist depending on the specific terms outlined in the collective agreement or local labour laws. For example, managers or employees in certain roles may be exempt from overtime pay or premium rates for public holidays. Casual workers or employees on fixed-term contracts may also have different entitlements.