Public Holidays and Your Pay: A Complete Guide to Section 18 of the BCEA

Last updated: April 2026 | Reading time: 14 minutes | Based on Section 18 of the Basic Conditions of Employment Act 75 of 1997, the Public Holidays Act 36 of 1994, and the 2026 earnings threshold of R261,748.45 | For: Employees and employers across all sectors in South Africa

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Every year, around every long weekend and public holiday, thousands of South Africans search online for the same questions: Do I get paid if I don’t work on a public holiday? What must my employer pay me if I do work? Can my boss force me to come in? What about double pay? What if I’m a casual worker or on a contract?

The answers all come from the same place: Section 18 of the Basic Conditions of Employment Act (BCEA), Act 75 of 1997. It is one of the most straightforward sections in the entire Act, but it is also one of the most frequently misunderstood and most commonly violated.

This guide explains Section 18 in full: exactly what it says, what each of the four payment scenarios means in practice, who is covered, who is not, how to calculate what you are owed at any salary level, the special rules for shift workers and employees who work on Sundays, and what to do if your employer is not paying you correctly.

South Africa’s 12 Public Holidays in 2026: Full List and What They Mean for Pay

South Africa has 12 official public holidays under the Public Holidays Act 36 of 1994. The payment rules under Section 18 of the BCEA apply to every one of them. Before understanding what you are owed, it helps to know which days are public holidays this year and which day of the week they fall on, because this determines whether your ordinary pay is protected.

Public Holiday	Date in 2026	Day of the Week	Notes
New Year’s Day	1 January	Thursday	Falls on a weekday. All employees who ordinarily work on Thursdays are entitled to full pay.
Human Rights Day	21 March	Saturday	Falls on a Saturday. No substitute Monday is created (the substitute rule only applies when a holiday falls on a Sunday).
Good Friday	3 April	Friday	Falls on a weekday. All employees who ordinarily work on Fridays are entitled to full pay.
Family Day (Easter Monday)	6 April	Monday	Falls on a weekday. Employees who ordinarily work on Mondays are entitled to full pay.
Freedom Day	27 April	Monday	Falls on a weekday. Full pay for employees who ordinarily work on Mondays.
Workers’ Day	1 May	Friday	Falls on a weekday. Full pay for employees who ordinarily work on Fridays.
Youth Day	16 June	Tuesday	Falls on a weekday. Full pay for employees who ordinarily work on Tuesdays.
National Women’s Day	9 August	Sunday	Falls on a Sunday. The following Monday, 10 August, becomes an additional public holiday under the Public Holidays Act.
Heritage Day	24 September	Thursday	Falls on a weekday. Full pay for employees who ordinarily work on Thursdays.
Day of Reconciliation	16 December	Wednesday	Falls on a weekday. Full pay for employees who ordinarily work on Wednesdays.
Christmas Day	25 December	Friday	Falls on a weekday. Full pay for employees who ordinarily work on Fridays.
Day of Goodwill	26 December	Saturday	Falls on a Saturday. No substitute Monday created.

The Sunday rule: Section 2(1) of the Public Holidays Act states that whenever a public holiday falls on a Sunday, the following Monday becomes a public holiday. In 2026, National Women’s Day falls on Sunday 9 August, which means Monday 10 August is also a public holiday. This is confirmed by the courts in Randfontein Estates Ltd v National Union of Mineworkers. Both days may attract public holiday entitlements depending on each employee’s normal working days. See the special scenarios table for more detail.

Section 18 of the BCEA: What the Law Actually Says

Here is the full text of Section 18 of the Basic Conditions of Employment Act, set out in plain language for clarity:

• Section 18(1) — The agreement requirement: An employer may NOT require an employee to work on a public holiday except in accordance with an agreement. This means your employer cannot force you to come in on a public holiday. If you have a clause in your employment contract saying you may be required to work on public holidays, that is the agreement. If you do not have such a clause, any instruction to work on a public holiday requires your consent.
• Section 18(2) — When the holiday falls on your normal working day: If a public holiday falls on a day you would ordinarily work, your employer must pay you at least your ordinary daily wage whether you work or not. If you do work, you must be paid the greater of: (i) double your ordinary daily wage, or (ii) your ordinary daily wage plus your earnings for the hours actually worked.
• Section 18(3) — When the holiday falls on a day you would NOT normally work: If a public holiday falls on a day you would not ordinarily have worked, and you agree to work on that day, your employer must pay you your ordinary daily wage plus the amount earned for the hours actually worked. Note: Section 18(3) does not apply to employees earning above the annual earnings threshold.
• Section 18(4) — When to pay: Your employer must pay you for a public holiday on your usual pay day. You cannot be paid late for public holiday work.
• Section 18(5) — The shift rule: If a shift worked by an employee falls partly on a public holiday and partly on another day, the whole shift is treated as worked on the public holiday if the majority of hours fall on the holiday. If the greater portion was worked on the other (non-holiday) day, the whole shift is treated as ordinary work.

The Four Scenarios: Exactly What You Are Owed in Every Situation

Section 18 creates four distinct payment scenarios depending on two variables: whether the public holiday falls on your ordinary working day, and whether you actually work on that day. The table below explains each scenario with the relevant legal section, the rule, and a worked example at the 2026 national minimum wage of R30.23 per hour.

#	Situation	Section	What the Law Requires	Worked Example (R30.23/hr, 8-hour day)
1	The public holiday falls on an employee’s ordinary working day AND the employee does NOT work	Section 18(2)(a)	The employer must pay the employee at least the wage they would ordinarily have received for that day. The employee gets a fully paid day off.	Employee earns R30.23/hr and normally works 8 hours on that day. Must be paid: 8 x R30.23 = R241.84. Employee stays home but receives full pay.
2	The public holiday falls on an employee’s ordinary working day AND the employee DOES work	Section 18(2)(b)	The employer must pay the greater of: (i) double the employee’s ordinary daily wage, OR (ii) the ordinary daily wage plus the amount earned for the hours actually worked. Always pay whichever amount is higher.	Ordinary daily wage = R241.84. Double = R483.68. If employee works a full 8 hours, their wage plus hours worked also = R241.84 + R241.84 = R483.68. Pay R483.68. If they work only 4 hours: ordinary wage + 4hrs pay = R241.84 + R120.92 = R362.76. Double wage = R483.68. Pay the higher amount: R483.68.
3	The public holiday falls on a day the employee would NOT ordinarily work AND the employee is ASKED to work (by agreement)	Section 18(3)	The employer must pay: (a) the employee’s ordinary daily wage (even though they would not normally have worked that day), PLUS (b) the amount earned for the hours actually worked on that day. Note: Section 18(3) only applies to employees earning BELOW the R261,748.45 annual threshold.	Employee does not normally work Saturdays but agrees to work 6 hours on a Saturday public holiday. Ordinary daily wage: R241.84. Hours worked: 6 x R30.23 = R181.38. Total payable: R241.84 + R181.38 = R423.22.
4	The public holiday falls on a day the employee would NOT ordinarily work AND the employee does NOT work	BCEA — no work, no pay principle applies	If the employee would not have worked that day anyway, and they do not work on the holiday, the employer owes them nothing extra. The ‘no work, no pay’ principle applies. The employee simply has a day off they were not going to work regardless.	Employee does not work on Saturdays. Human Rights Day falls on a Saturday. Employee does not work. No extra payment is required.

Understanding ‘ordinary working day’: The phrase ‘ordinarily work’ means the days of the week on which you are contracted to work as part of your normal schedule. A retail employee who works Monday to Saturday ‘ordinarily works’ on all six of those days. A 9-to-5 office worker who works Monday to Friday does not ‘ordinarily work’ on Saturdays or Sundays. The test is not whether you sometimes work on a particular day but whether it forms part of your regular scheduled working pattern.

Public Holiday Pay Calculations at Real Salary Levels

The table below shows exactly what you should receive for a standard 8-hour working day on a public holiday that falls on your ordinary working day, across a range of salary levels. All figures are calculated using the Section 18(2) formula. Monthly figures assume 4.33 weeks per month, 45 hours per week.

Monthly Salary	Hourly Rate	Ordinary Daily Wage (8hrs)	Scenario 1: Public holiday falls on ordinary day, employee does NOT work	Scenario 2: Public holiday falls on ordinary day, employee WORKS (double pay)
R3,500/month (NMW approx.)	R26.92/hr	R215.38	R215.38 (paid as if worked)	R430.77 (double the daily wage)
R5,000/month	R30.23/hr (NMW 2026)	R241.84	R241.84	R483.68
R8,000/month	R46.15/hr	R369.23	R369.23	R738.46
R12,000/month	R69.23/hr	R553.85	R553.85	R1,107.69
R20,000/month	R115.38/hr	R923.08	R923.08	R1,846.15
R22,000/month (threshold edge)	R126.92/hr	R1,015.38	R1,015.38 (Section 18(2)(a) applies — above threshold earners retain this right)	R2,030.77 (Section 18(2)(b) applies — double pay still required)

How to Calculate Your Own Daily Wage (Recommended)

If your salary does not appear in the table, calculate it yourself using these steps:

• Hourly rate: Divide your monthly salary by 4.33 (weeks per month), then divide that result by the number of hours you work per week. Or divide your annual salary by 52, then by your weekly hours.
• Daily rate: Multiply your hourly rate by the number of hours you ordinarily work per day.
• Scenario 1 (not working, ordinary day): You are owed your daily rate.
• Scenario 2 (working, ordinary day): You are owed double your daily rate, or your daily rate plus pay for hours worked — whichever is greater.
• Scenario 3 (working, non-ordinary day): You are owed your daily rate plus pay for hours worked that day.

The ‘greater of’ rule explained: In Scenario 2, you might wonder when the ‘daily rate plus hours worked’ could ever be greater than double the daily rate. The answer is when you work significantly more than your ordinary hours. For example, if your ordinary day is 8 hours but you work 12 hours on the public holiday, your daily rate plus 12 hours of pay will exceed double your 8-hour daily rate. The law protects you either way — you always get whichever calculation produces the larger number.

Who Does Section 18 Apply To?

One of the most common misconceptions about Section 18 is that it only protects permanent employees. This is wrong. The section explicitly applies to all employees covered by the BCEA. The table below sets out who is protected, who is partially protected, and the few categories that are not covered:

Type of Employee	Covered by Section 18?	Key Notes
Permanent full-time employee	YES — fully covered	All four payment scenarios in Section 18 apply.
Fixed-term contract employee	YES — fully covered	Section 18 applies equally to fixed-term and permanent employees. The duration of the contract does not change public holiday entitlements.
Part-time employee (working more than 24 hours per month)	YES — fully covered	Section 18 applies. The ‘ordinary working day’ test determines which scenario applies: does this person ordinarily work on the day the holiday falls?
Casual or temporary employee (working more than 24 hours per month)	YES — fully covered	Confirmed by the Department of Public Service and Administration and multiple court interpretations. Casual employees have the same public holiday rights as permanent employees, provided they work more than 24 hours per month.
Domestic worker (working more than 24 hours per month)	YES — fully covered	Domestic workers have been included in the BCEA since 1 April 2003. Their public holiday rights are identical to all other covered employees.
Farm worker	YES — fully covered	Sectoral Determination 13 (Farm Workers) mirrors the Section 18 BCEA provisions. Farm workers have identical public holiday payment rights.
Commission-only employee	YES — covered (with calculation complexity)	Section 18 applies. The ‘ordinary daily wage’ for a commission-only worker is calculated by reference to the employee’s average remuneration over a representative period, since their income fluctuates.
Employee working FEWER than 24 hours per month	NO — not covered	The BCEA explicitly excludes employees working fewer than 24 hours per month for the same employer. No public holiday payment obligation exists under Section 18 for this category.
Employee earning ABOVE R261,748.45 per year	PARTIALLY covered (Section 18(3) excluded)	Sections 18(1) and 18(2) still apply to high earners — they retain the right to refuse work on public holidays and the right to full pay if the holiday falls on an ordinary working day. Section 18(3) alone is excluded, meaning they do not receive the additional ordinary daily wage when asked to work on a non-ordinary day.
Member of the National Defence Force, National Intelligence Agency, or SSSAS	NO — not covered	These employees are explicitly excluded from the BCEA in its entirety.
Unpaid volunteer working for a charity	NO — not covered	Explicitly excluded from the BCEA.

Section 18(3) and the earnings threshold: Employees earning above R261,748.45 per year (effective 1 April 2025) are excluded from Section 18(3) only — the payment for working on a non-ordinary day. Sections 18(1) and 18(2) still apply to them in full. This means high-earning employees still: (a) cannot be forced to work on public holidays without agreement, and (b) must receive full pay when the holiday falls on their ordinary working day. What they lose is the additional ordinary daily wage under Section 18(3) when asked to work on a day they would not normally have worked.

Special Scenarios: Shift Workers, Sunday Holidays, and More

Section 18 generates some of the most complex payment questions in South African employment law. The situations below come up frequently and are poorly explained in most existing guidance:

Scenario	What the Law Says	Practical Example
Shift spans two days — majority on the public holiday	The BCEA states that if a shift falls partly on a public holiday and partly on another day, the whole shift is treated as having been worked on the public holiday if the MAJORITY of hours fall on the holiday. Public holiday pay rates apply to the entire shift.	An employee works from 10pm on Christmas Eve to 6am on Christmas Day. Christmas Day is the public holiday. 6 of the 8 hours (10pm to 4am counts as Christmas Eve; 12am to 6am is Christmas Day — actually 6 hours on the holiday). Since the majority of hours fall on Christmas Day, the whole 8-hour shift is treated as a public holiday shift and paid at double the daily wage.
Shift spans two days — majority NOT on the public holiday	If the GREATER PORTION of the shift was worked on the non-holiday day, the whole shift is treated as worked on that ordinary day, and ordinary rates apply.	An employee works from 6pm on Christmas Eve to 2am on Christmas Day. That is 6 hours on Christmas Eve and 2 hours on Christmas Day. The majority (6 hours) falls on Christmas Eve, which is not a public holiday. The whole shift is treated as ordinary work. Normal rates apply.
Public holiday falls on a Sunday — does Monday become a holiday?	Yes. Section 2(1) of the Public Holidays Act states that whenever a public holiday falls on a Sunday, the following Monday shall be a public holiday. In the landmark case of Randfontein Estates Ltd v National Union of Mineworkers, the court confirmed that BOTH Sunday AND Monday are treated as public holidays in this scenario — meaning employees who work on Sundays by agreement as part of their normal roster may have TWO public holiday entitlements.	National Women’s Day falls on Sunday 9 August 2026. Monday 10 August automatically becomes a public holiday. An employee who normally works Sundays would receive double time for working Sunday 9 August. An employee who normally works Mondays would receive full pay (not working) or double pay (if working) for Monday 10 August.
Public holiday during annual leave	The BCEA requires that if a public holiday falls on a day during an employee’s annual leave on which they would ordinarily have worked, the employer must grant the employee an additional day of paid leave. The holiday is not counted as an annual leave day.	An employee takes two weeks’ annual leave from Monday 22 June to Sunday 5 July. Youth Day on 16 June was already past. However, if a public holiday fell on a working day during those two weeks, the employee would be entitled to an extra day of leave to replace it.
Exchanging a public holiday for another day	Section 2(2) of the Public Holidays Act allows an employer and employee to agree to exchange a public holiday for any other day. The exchanged day then becomes the public holiday for that employee. This agreement should be in writing. The payment rules remain the same — the employee receives full pay on the alternative day and the public holiday pay rules apply if they work.	An employer needs staff to work on Good Friday. The employer and employees agree in writing that staff will work on Good Friday at normal pay and take the following Thursday as their substitute public holiday instead. On Thursday, they stay home and receive full pay. The public holiday rules effectively move to Thursday.
Absent without permission the day before or after a public holiday	Some employment contracts and sectoral determinations contain a provision that an employee who is absent without a valid reason on the day before or after a public holiday forfeits the pay for that public holiday. The BCEA itself does not create this rule — it must be in the contract or applicable sectoral determination. Employers applying this rule must have it clearly stated in writing.	An employee’s contract states that absences without excuse on the day before or after a public holiday result in loss of public holiday pay. The employee is absent on the day before Good Friday without a valid reason and without notifying their employer. The employer can withhold the Good Friday pay if the contract contains this provision and it was communicated to the employee.

The Agreement to Work on a Public Holiday

Section 18(1) requires an agreement before an employee can be required to work on a public holiday. This is not just a formality. It is a real right. Here is what you need to know about what counts as a valid agreement:

What constitutes an agreement?

• Written employment contract: If your contract of employment contains a clause stating you may be required to work on public holidays, that clause is the agreement. You cannot later refuse to work on public holidays on the basis that you have not individually agreed to do so for each specific holiday.
• Collective agreement: A collective agreement between your employer and a registered trade union can specify that employees will work on some or all public holidays. This applies to all members covered by the agreement.
• Individual verbal or written agreement: If your contract does not address public holiday work, your employer must obtain your consent before each specific public holiday on which they want you to work. This can be verbal, but a written record is always better.
• Implied agreement through custom and practice: In some workplaces, it may be argued that consistently working on public holidays over many years has created an implied agreement. This is a grey area and is not a reliable basis for either employer instruction or employee refusal. When in doubt, get it in writing.

Can I refuse to work on a public holiday?

Yes, if there is no agreement in place. If your contract requires you to work on public holidays, you are generally bound by that clause. However, even with a contractual obligation, there are limits: the instruction must be reasonable, you are entitled to the correct pay, and the work must not be unsafe.

If you refuse to work on a public holiday that your contract requires you to work, you may face disciplinary action. If there is no contractual obligation and you refuse, the employer cannot force you and cannot take disciplinary action for the refusal alone.

What to Do If Your Employer Is Not Complying With Section 18

Public holiday pay violations are among the most common labour law contraventions in South Africa. Many employers either do not know the law or choose to ignore it, particularly with casual, temporary, and contract workers. The table below explains the correct process for each common violation:

Violation	Correct First Step	Escalation
Employer did not pay you for a public holiday that falls on your ordinary working day	Write to your employer or HR in writing, referencing Section 18(2)(a) of the BCEA. Confirm the holiday was a day you ordinarily work and that you were not paid. Request payment of the amount owed.	Report to the Department of Employment and Labour at 0800 030 007 (toll-free). A labour inspector can issue a compliance order. You can also refer a wage dispute to the CCMA under Section 73A of the BCEA.
Employer forced you to work on a public holiday without your agreement	Write to HR stating you did not agree to work on that day, either contractually or verbally. Reference Section 18(1) of the BCEA. Request confirmation that future public holiday working will be by agreement only.	Refer an unfair labour practice dispute to the CCMA using LRA Form 7.11. The 90-day deadline for unfair labour practice disputes applies.
Employer paid you at ordinary rates (not double) for working on a public holiday	Calculate the correct amount owed using the formula in Section 18(2)(b). Write to HR with the calculation and request the difference be paid as arrears.	Report to Department of Employment and Labour at 0800 030 007. Employer faces fines and a compliance order to pay arrears.
Employer claimed the public holiday is not paid because you are a casual or contract employee	Reference Section 18 directly. The Act does not distinguish between permanent and casual employees. As long as you work more than 24 hours per month, you are covered.	Department of Employment and Labour at 0800 030 007. This is a well-established and common violation. Labour inspectors act on it.
Employer docked your public holiday pay because you were absent the day before or after the holiday	Check your written employment contract. If no such provision appears in your contract, the deduction is not permitted. Request written justification from HR.	CCMA (refer as a wage dispute or unfair labour practice). An employer cannot impose this rule retroactively or without it being stated in the contract.

The Department of Employment and Labour’s toll-free number is 0800 030 007. Labour inspectors are authorised to conduct workplace inspections, demand payroll records, issue compliance orders, and impose fines. For wage disputes, Section 73A of the BCEA allows you to refer the matter directly to the CCMA without an initial conciliation step in some circumstances. The CCMA is free to use.

Frequently Asked Questions

Do I get paid for a public holiday if I don’t work?

Yes, provided the public holiday falls on a day you would ordinarily work. Under Section 18(2)(a) of the BCEA, your employer must pay you at least your ordinary daily wage for that day, even if you stay at home. If the public holiday falls on a day you would not normally have worked, you receive nothing extra — the ‘no work, no pay’ principle applies.

How much must my employer pay me for working on a public holiday?

If the public holiday falls on your ordinary working day, you must be paid the greater of: (i) double your ordinary daily wage, or (ii) your ordinary daily wage plus the amount you earned for the hours actually worked. In practice, double your daily wage is usually the floor. If you earn R30.23 per hour and work a standard 8-hour day, you must receive at least R483.68 for working on a public holiday that falls on your ordinary working day.

Can my employer force me to work on a public holiday?

No. Section 18(1) of the BCEA states that an employer may not require an employee to work on a public holiday except in accordance with an agreement. If your employment contract contains a clause requiring public holiday work, that contract clause is the agreement. If your contract is silent on this point, your employer must obtain your consent for each specific public holiday on which they want you to work.

Do casual workers get paid for public holidays in South Africa?

Yes. Section 18 of the BCEA applies to all employees who work more than 24 hours per month for the same employer, regardless of whether they are permanent, casual, or on a fixed-term contract. Casual workers have identical public holiday rights to permanent workers. If a public holiday falls on a day the casual worker would ordinarily have worked, they must be paid their ordinary daily wage even if they do not work that day.

What if a public holiday falls on a Sunday in South Africa?

Under Section 2(1) of the Public Holidays Act 36 of 1994, if any public holiday falls on a Sunday, the following Monday automatically becomes a public holiday. Critically, the courts confirmed in Randfontein Estates Ltd v National Union of Mineworkers that both the Sunday and the Monday are public holidays, not a substitution. Employees who ordinarily work on Sundays retain their Sunday public holiday entitlements, and employees who ordinarily work on Mondays have their own separate Monday public holiday entitlement.

Do I get paid for public holidays if I earn above the threshold?

Yes, partially. Employees earning above R261,748.45 per year are excluded from Section 18(3) only, which is the provision for employees who work on a day they would not ordinarily have worked. However, Sections 18(1) and 18(2) still apply in full. High-earning employees retain: the right to refuse public holiday work without agreement, and the right to full pay when a public holiday falls on their ordinary working day. They lose only the additional daily wage payment under Section 18(3) when asked to work on a non-ordinary public holiday day.

What happens when my shift overlaps a public holiday?

Section 18(5) of the BCEA provides a clear rule: if a shift falls partly on a public holiday and partly on another day, the whole shift is treated as worked on the public holiday if the majority of hours fall on the holiday. If the majority of hours fall on the non-holiday day, the whole shift is treated as ordinary work. For example, a shift from 9pm to 5am where a public holiday starts at midnight — that is 3 hours before midnight (ordinary time) and 5 hours after midnight (public holiday). The majority falls on the public holiday, so the entire 8-hour shift is treated as public holiday work.

Can a public holiday be changed to another day by agreement?

Yes. Section 2(2) of the Public Holidays Act allows an employer and employee to agree in writing to exchange a public holiday for another day. For example, employees may agree to work on Good Friday and take the following Thursday as their substitute public holiday. On the agreed substitute day, the employee stays home and receives full pay. The payment obligations of Section 18 apply on the substitute day, not the original public holiday. This arrangement does not affect the payment rules — it only affects which day those rules apply to.

Am I entitled to double pay on public holidays?

Double pay applies only in specific circumstances. Under Section 18(2)(b), an employee who works on a public holiday that falls on their ordinary working day must be paid at least double their ordinary daily wage (or the higher of that amount and their daily wage plus actual hours worked). There is no general right to double pay on every public holiday — it only applies when you both (a) ordinarily work on that day and (b) actually work on that public holiday.

What if I am absent from work the day before or after a public holiday?

The BCEA itself does not create a rule that allows employers to withhold public holiday pay for surrounding-day absences. However, many employment contracts and some sectoral determinations contain a clause that entitles the employer to withhold public holiday pay if an employee is absent without a valid excuse on the working day immediately before or after the public holiday. Check your written employment contract. If no such clause exists in your contract, the employer cannot apply this rule, and any deduction of public holiday pay in these circumstances would be unlawful.

Your Rights Are Clear. Use Them.

Section 18 of the BCEA is one of the most concrete and enforceable employee rights in South African labour law. The obligations are clear, the payments are calculable, and the enforcement mechanisms are real. Every South African employee who works more than 24 hours per month has these rights, regardless of whether they are permanent, casual, or on a fixed-term contract.

If you are not being paid correctly on public holidays, raise it in writing with your employer first. Most violations are the result of ignorance rather than deliberate exploitation, and many are resolved quickly when the legal obligation is pointed out clearly. If your employer does not respond or refuses to comply, call the Department of Employment and Labour at 0800 030 007. Labour inspectors take public holiday pay violations seriously and have the authority to enforce compliance.

The law is on your side. Know what it says. Check what you are being paid. And if there is a gap between the two, act on it.