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Marius Scheepers & Company Attorneys |
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Public Holidays act,
36 of 1994 [ASSENTED TO 23 NOVEMBER
1994] [DATE OF COMMENCEMENT: (Afrikaans text signed
by the President) as amended by Public Holidays
Amendment Act 48 of 1995 ACT
To make provision for a
new calendar of public holidays; to provide that the public holidays be paid
holidays; and for matters incidental thereto. 1 Definitions (1) In this Act, unless the context otherwise indicates-
‘public holidays’ means
the days mentioned in Schedule 1 and any other day declared to be a public
holiday under section 2A; and [Definition of ‘public
holidays’ substituted by s. 1 of Act 48 of 1995.] ‘this Act’ includes the Schedules. (2) Any
reference in any law to public holidays, shall be
deemed to be a reference to the public holidays as defined in this Act.
2 Days to be observed as public holidays (1) The days mentioned in Schedule 1 shall be public holidays, and
whenever any public holiday falls on a Sunday, the following Monday shall be
a public holiday. (2) Notwithstanding the provisions of subsection (1), any public
holiday shall be exchangeable for any other day which is fixed by agreement
or agreed to between an employer and employee. 2A Declaration of public holidays The
President may by proclamation in the Gazette declare any day to be a public
holiday throughout the Republic or any part thereof. [S. 2A inserted by s. 2
of Act 48 of 1995.] 3 Non-business days for bills of exchange and promissory notes Sunday or any public
holiday shall be deemed to be a non-business day within the meaning of any
law relating to bills of exchange or promissory notes. 4 Amendment and repeal of laws (1) The laws referred to in column 2 of Schedule 2 are hereby amended
or repealed to the extent as indicated in column 3 of that Schedule. (2) The references to the former 5 Employee entitled to paid public holidays (1) Subject to the provisions of subsection (2), every employee shall
be entitled to- (a) at least the number of public holidays as provided for in this
Act; (b) payment for every public holiday, which payment shall be at least
as favourable as the payment provided for by
section 11 of the Basic Conditions of Employment Act, 1983 (Act 3 of 1983). (2) Where an employee, in terms of any wage regulating measure
referred to in section 1 (1) of the Labour
Relations Act, 1956 (Act 28 of 1956), agreement or contract of employment, is
entitled to more than the number of public holidays as provided for in this
Act, such regulating measure, agreement or contract of employment shall,
insofar as it relates to the number of public holidays, not be affected by
the provisions of this Act. (3) Notwithstanding the proviso to section 3 of the Agricultural Labour Act, 1993 (Act 147 of 1993), the amendment to the
Basic Conditions of Employment Act, 1983, as contained in Schedule 2, shall
apply to farming activities and employers and employees engaged therein. 6 Short title and commencement This Act shall be
called the Public Holidays Act, 1994, and shall come into operation on Schedule 1 CALENDAR OF PUBLIC HOLIDAYS (Section 2) Calendar of public holidays New Year’s Day 1 January Human Rights Day 21 March Good Friday Friday before Easter Sunday Family Day Monday after Easter Sunday Freedom Day 27 April Workers’ Day 1 May Youth Day 16 June National Women’s Day 9 August Heritage Day 24 September Day of Reconciliation 16 December Christmas Day 25 December Day of Goodwill 26 December Schedule
2
(Section 4 (1)) Number and year of law Short title Extent of amendment or repeal Act 5 of 1952 Public Holidays Act, 1952, of the former Act 27 of 1956 Mines and Works Act, 1956 Repeal of the whole, in so far as any
provision thereof deals with any day other than a Sunday. Act 68 of 1961 Public Holidays Amendment Act,
1961, of the former Act 39 of 1973 Public Holidays Amendment Act,
1973, of the former Act 72 of 1980 Public Holidays Amendment Act,
1980, of the former Act 3 of 1983 Basic Conditions of Employment Act, 1983, of
the former Act 29 of 1976 Public Holidays Act, 1976, of the
former Act 3 of 1978 Public Holidays Act, 1978, of the former Act 28 of 1979 Public Holidays Amendment Act,
1979, of the former Act 5 of 1980 Public Holidays Act, 1980, of the Act 4 of 1982 Public Holidays Amendment Act, 1982, of the
former Act 3 of 1981 Public Holidays Act, 1981, of the former
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