PUBLIC HOLIDAYS, SUNDAYS, & NIGHT WORK - EMPLOYER OBLIGATIONS

Written by Jana Ferreira

If you operate an establishment in the Hairdressing, Cosmetology, Beauty, and Skincare Industry, Public Holidays, Sundays, and Night Work are not just scheduling issues; they are regulatory focus areas. Employers are required to comply with both the Main Collective Agreement for the Hairdressing, Cosmetology, Beauty and Skincare Industry, including any area-specific provisions, and the Basic Conditions of Employment Act (BCEA) when managing working hours, leave, and remuneration.

This article sets out the obligations for employers for each area (A-D) and clarifies that, where no specific provision exists in the Main Collective Agreement, the BCEA applies as the minimum standard.

Before you can apply the rules, you need to know which area your establishment falls into. The areas are defined as follows:

Area A: The Provinces of Gauteng (excluding the Magisterial Districts of Bronkhorstspruit, Cullinan, Pretoria and Wonderboom), Province of Free State, Kimberley, East London, Humansdorp, Port Alfred, Port Elizabeth, Uitenhage, the balance of all Magisterial Districts of the Eastern Cape Province, balance of all the Magisterial Districts of Northern Cape Province and all the Magisterial Districts of the North West Province (excluding the Magisterial Districts of Brits, Rustenburg and Mafikeng).

Area B: The Magisterial Districts of Cullinan, Pretoria, Wonderboom, Bronkhorstspruit, Rustenburg, Mafikeng, Limpopo, and Mpumalanga.

Area C: The Province of KwaZulu-Natal.

Area D: The Western Cape Province.

Public Holidays

Public holidays are recognised by law as days of rest and national observance, but many establishments trade on these days to meet client demand. The key question for employers is when employees may work on public holidays and how they must be paid. The Public Holidays Act, 1994, and section 18 of the BCEA provide the baseline: employees cannot be required to work on a public holiday unless there is agreement, and remuneration must reflect either ordinary pay or enhanced rates, depending on whether work is performed.

Area A (MCA Clause 35.1 - 35.6)

In Area A, employees may not be required to work on a public holiday unless both employer and employee have agreed to it.

• If the public holiday falls on a normal workday and the employee does not work, the employee must receive ordinary pay.

• If the employee does work on a public holiday, they must receive double pay or ordinary pay plus wages earned for the hours worked, whichever is greater.

• If an employee works on a public holiday, being a day that the employee would not ordinarily work, the employee must receive their ordinary daily wage plus the amount earned by the employee for the work performed, whether calculated by the hours actually worked or by any other method.

• Public holidays may be exchanged for another day by agreement between employer and employee (Public Holidays Act, section 2(2)). In practice, this means that establishments in Area A must secure agreement before scheduling public holiday work and must ensure that payroll reflects the correct premium or additional payment.

Area B (MCA Clause 35.1 - 35.6)

In Area B, employees are entitled to full pay on all public holidays, whether or not they work.

• Where an employee works on a public holiday, the work must be paid at double the ordinary rate, or the employee must receive double time off within one month.

• If two public holidays fall in one month, one of the public holidays may be moved to another month, provided it is taken within 90 days. The agreement to move the public holiday must be submitted to the exemption board for ratification and/or approval.

For employers in Area B, it is important to track both time worked and time off in lieu and to ensure that any movement of public holidays is properly documented and submitted.

Area C (MCA Clause 35.1–35.6)

In Area C, employers may not require employees to work on a public holiday unless there is agreement.

• Employees who do not work on the public holiday must receive their ordinary pay.

• Employees who work on a public holiday must receive their normal pay plus 1.5 times their normal rate for the hours worked.

• In the event of a public holiday falling on an employee's day off, the employee forfeits the right to the day off, but does not get another day for it.

• Public holidays may be exchanged for any other day by written agreement.

• An employer must pay an employee and not grant time off in lieu of hours worked on a public holiday.

This framework requires establishments in Area C to manage written agreements and to budget for cash payments rather than relying on time off in lieu.

Area D (MCA Clause 35.1 - 35.8)

In Area D, employees may not be required to work on a public holiday or on Easter Saturday unless there is agreement.

• Work on Easter Saturday must be paid at 1.5 times the employee's daily wages.

• In the event of a public holiday or Easter Saturday falling on an employee's day off, the employee forfeits the right to the day off.

• An employer must either pay an employee for hours worked on a public holiday or, by agreement, grant time off in lieu of the hours worked. Time off in lieu must be granted within 60 calendar days, during which such time off must be compensated by monetary payment.

• If a public holiday falls on a Sunday, the following Monday is deemed to be a public holiday.

• Public holidays may be exchanged by agreement between the employer and the employee.

Employers in Area D, therefore, need systems to track both time off in lieu and the 60-day period, particularly where establishments trade heavily over long weekends and Easter.

BCEA: Section 18 requires agreement for work on public holidays and guarantees payment at least equal to the employee's ordinary daily wage.

Sunday Work

Sunday work carries special significance under South African labour law, and in this sector it often coincides with peak trading times. Section 16 of the BCEA establishes that employees may not be required to work on Sundays unless there is agreement and sets minimum pay standards for Sunday work. The area agreements outline different approaches to Sunday work, ranging from inclusion in the ordinary workweek to enhanced pay.

Area A (MCA Clause 32.1)

In Area A, Sundays may form part of the ordinary six-day workweek. Employers therefore need to check employment contracts and the Main Collective Agreement provisions for ordinary working hours when planning Sunday rosters.

Area B (MCA Clause 34.4 - 34.10)

In Area B, Sunday work attracts enhanced payment depending on whether Sunday is an ordinary working day.

• If Sunday is not an ordinary workday, work on a Sunday must be paid at double the employee's wages.

• If Sunday is an ordinary workday, employees must be paid at 1.5 times their wages for Sunday work.

• Employees must receive at least their ordinary daily wage even if they work less than a full shift on a Sunday.

• Where a shift overlaps with Sunday, the shift is deemed to have been worked entirely on Sunday unless the greater portion of the hours falls on another day.

For establishments in Area B, this means that any additional Sunday work quickly increases wage costs and must be planned and costed in advance.

Area C (MCA Clause 34.7 - 34.11)

In Area C, employers may not require Sunday work unless the employee has agreed.

• If the establishment is usually open on Sundays and an employee is required to work on a Sunday in addition to their normal weekly hours of 45 hours per week, the employee must be paid at 1.5 times their normal hourly rate for those additional hours.

• If the establishment is not usually open on Sundays and an employee is required to work on a Sunday in addition to their normal weekly hours of 45 hours per week, the employee must be paid for the hours worked on the Sunday at double the normal hourly rate.

• If Sunday forms part of the employee's normal weekly hours of 45 hours per week, the employee is paid at 1.5 times their normal hourly rate for Sunday hours.

• No time off in lieu is allowed for Sunday work beyond 45 hours per week.

The distinction between "usually open on Sundays" and "not usually open on Sundays" is therefore crucial for employers in Area C when setting Sunday trading patterns. Where a Sunday forms part of an employee's ordinary 45-hour work week, the 1 of the 1.5 hourly rate is included in the basic salary/wage, and only the 0.5 is paid as an overtime rate.

Area D (MCA Clause 34.8 - 34.12)

In Area D, employers may not require employees to work on Sundays unless the employee has agreed.

• If the establishment is usually open on Sundays and an employee is required to work on a Sunday in addition to their normal weekly hours of 45 hours per week, the employee must be paid for the hours worked on the Sunday at 1.5 times the normal hourly rate.

• If the establishment is not usually open on Sundays and an employee is required to work on a Sunday in addition to their normal weekly hours of 45 hours per week, the employee must be paid double the normal hourly rate for the hours worked on the Sunday.

• If Sunday forms part of the employee's normal weekly hours, Sunday work is paid at the normal hourly rate.

• No time off in lieu is allowed for Sunday work beyond 45 hours per week.

For Area D establishments, clear planning around whether Sunday is part of ordinary hours or additional time is key to applying the correct rate.

BCEA: Section 16 provides that Sunday work requires agreement and sets minimum pay at double wages if Sunday is not ordinarily worked, or 1.5 times if it is.

Night Work

Night work presents unique challenges in this industry because it raises health, safety, and transport concerns, especially where staff finish late and move between home and work in the dark. Section 17 of the BCEA requires employers to obtain agreement for night work, provide transport, inform employees of risks, and offer medical examinations. While Areas A, B, and C follow the BCEA, Area D includes specific definitions and compensation structures.

Area A, B, C

In Areas A, B, and C, employers must comply with section 17 of the BCEA. In practice, this means:

• Obtaining the employee's agreement for night work, defined as work performed after 18:00 and before 06:00.

• Providing transport at the start and end of night-work shifts.

• Informing employees of any health and safety risks associated with night work.

• Offering medical examinations at the employer's expense before and during assignment to regular night work.

• Considering transfer to suitable day work if an employee develops health problems as a result of night work, and if such transfer is reasonably practicable.

Establishments in these areas must therefore factor transport and medical assessments into the overall cost of night trading.

Area D (MCA Clause 34.2 - 34.7)

In Area D, the Main Collective Agreement sets out more detailed rules for night work, differentiating between types of establishments and the hours that qualify as night work.

• In mall or retail establishments, night work is defined as work performed after 22:00 and before 08:00, and must be paid at double the employee's wages.

• In independent establishments, night work is defined as work performed after 19:00 and before 07:00, and must be paid at time-and-a-third.

• Employers must provide transport at the start and end of night-work shifts, inform employees of health and safety risks, and allow medical checks.

• Employees who work regularly after 23:00 and before 06:00 (five or more times per month or 50 or more times per year) must be monitored and may be transferred to day work if health issues arise.

For Area D employers, it is important not only to pay the correct premium but also to identify employees who meet the threshold for "regular" night work and to manage the associated health obligations.

Conclusion

Employers in the Hairdressing, Cosmetology, Beauty, and Skincare Industry must ensure that they comply with both area-specific provisions in the Main Collective Agreement and the BCEA. Where the Main Collective Agreement is silent, the BCEA provides the minimum standards.

In practice, this means that:

• Public holidays require agreement for work, with employees entitled to ordinary pay when they do not work and enhanced rates or time off in lieu where they do.

• Sunday work requires agreement and attracts different rates depending on whether Sunday is an ordinary workday and on the area-specific provisions.

• Night work requires agreement, safe transport, information on health and safety risks, and access to medical examinations, with additional definitions and rates applying in Area D.

By planning working hours and pay structures around these rules, establishments can reduce the risk of non-compliance, avoid disputes, and foster fair and sustainable working arrangements for both employers and employees.