SA Lawmakers Want to End Confusion Around Public Holiday Pay

Proposed changes could close legal loopholes and secure fair wages for South African workers

Is that double pay or… something else?

That’s the question South African lawmakers are trying to settle once and for all. In a move welcomed by labour advocates and policy watchers, the Portfolio Committee on Employment and Labour is considering tweaks to the country’s Basic Conditions of Employment Act (BCEA), specifically how pay should be calculated when employees work on public holidays.

At the heart of the matter is a subtle, but potentially costly, wording issue in Section 18 of the BCEA. Right now, workers who agree to clock in on a public holiday are supposed to get paid double or their usual wage plus the money they earn working that day, whichever is higher.

Simple, right? Apparently not.

Legal lingo that leaves too much wiggle room

According to the Parliamentary Legal Service, the current phrasing opens the door to “semantic ambiguity.” Phrases like “if it is greater” and “the amount referred to in paragraph (a)” are being flagged for not clearly stating what exactly must be compared.

In plain terms, this leaves some room for employers to interpret the law in a way that may short-change workers. That’s a problem the committee says can and should be fixed—even though no major lawsuits have emerged around it yet.

The committee’s proposed fix? Spell it out, in black and white, that workers must receive at least double pay—no less, no loopholes.

Sunday public holidays, double trouble or just confusion?

There’s also a secondary issue on the table: What happens when a public holiday lands on a Sunday?

South African labour law currently says that when this happens, the following Monday becomes the official public holiday. But there’s an unanswered question, does Sunday still count as a holiday too?

Why does this matter? Because it affects pay. Sunday shifts typically earn workers 1.5x their standard wage, while public holiday shifts should be paid at 2x. So if both Sunday and Monday are public holidays, a worker could reasonably expect double pay on both days. If not, they might only get 1.5x on Sunday. Again, the law isn’t clear—and clarity is what the committee is after.

Why now? Why this?

Although this isn’t a national crisis, it’s a good example of government doing housekeeping, polishing up existing laws to prevent future conflicts. As Deputy Director-General Thembinkosi Mkalipi from the Department of Employment and Labour put it, the department doesn’t oppose the amendments and agrees they’ll help avoid headaches down the line.

For now, the committee will likely incorporate these clarifications into a broader overhaul of the BCEA, which governs everything from working hours to leave entitlements.

What are people saying?

On social media, the response has been largely positive, with many users praising the move to protect workers from vague legal language. Some labour unions have chimed in, warning that without changes, clever employers might use the ambiguity to reduce their labour costs, especially in retail and hospitality sectors where public holiday work is common.

South Africa’s labour law isn’t broken, but it’s getting a much-needed polish. As the economy grapples with rising living costs, every rand counts for workers. And when you’re giving up your public holiday to work, you deserve a paycheck that reflects the sacrifice, no fine print required.

{Source: BusinessTech}

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