Bad news for public holiday lovers in South Africa
South Africa is missing out on a public holiday this week, as National Women’s Day falls on a Saturday.
In 2024, the country enjoyed 13 public holidays, thanks to the inclusion of an additional day due to the national elections held on 29 May.
The country also got an ‘extra’ public holidays for Youth Day, which fell on Sunday, 16 June in 2024.
South Africa’s Public Holidays Act ensures that when a public holiday lands on a Sunday, the following Monday is declared a holiday, offering workers an extra day off.
However, when a public holiday falls on a Saturday, no observation day is granted, meaning South Africans technically lose out a public holiday. This distinction comes into play this week.
National Women’s Day, observed on 9 August, falls on a Saturday, so there will not be an additional day off.
This leaves South Africa with the standard 12 public holidays for the year, but only 11 weekdays off work, one fewer than in 2024 when you exclude the national elections.
While this is bad news for those who like to maximise their time off, some argue that it is good news for the broader economy.
Some in the business community may welcome the news, as they see fewer public holidays as a positive for economic output.
Critics of South Africa’s relatively high number of public holidays have argued that they can disrupt productivity, particularly in industries that rely on continuous operations, such as manufacturing, mining, and logistics.
Businesses must often pay higher wages for work done on these days, or absorb the hit of reduced output if operations pause entirely.
A report from the South African Chamber of Commerce and Industry estimated that each public holiday costs the economy billions in lost productivity.
The financial implications for employers who cannot stop operations are also higher, as businesses that stay open on public holidays have to pay staff more.
Public holiday pay changes on the cards
The rules for paying employees on public holidays are set out in Section 18 of the Basic Conditions of Employment Act (BCEA).
It states that if a public holiday falls on a day an employee would normally work, the employer must pay them at least their usual wage if they take the day off.
If the employee does work, the law requires either at least double their normal pay, or their normal pay plus what they earn for the hours worked that day, whichever is greater.
Ergo, employees who work this coming Saturday are still entitled to double pay.
The Portfolio Committee on Employment and Labour is considering amendments to South Africa’s public holiday pay regulations to ensure there is no confusion about this.
Last month, the committee raised concerns about ambiguity in the regulations’ wording. Specifically, the phrasing in Section 18(2)(b)(ii) is not entirely clear on what “it” or “the greater” refers to.
Committee members were concerned that this lack of clarity could be interpreted to disadvantage workers, for example, by preventing them from receiving the highest possible pay option.
Although there have been no legal disputes over the matter to date, the committee described the current phrasing as having “semantic ambiguity”.
It argued for an amendment to make it “crystal clear” that workers should always receive the higher amount, with double pay as a minimum.
Thembinkosi Mkalipi, deputy director-general for the Department of Employment and Labour, told the committee that the department had no objection to tightening the language in the Act.
This would ensure there is no confusion for employers or employees in the future and would close off any potential loopholes before they become an issue.
Although fewer public holidays might reduce business costs in the short term, studies show that time off can also have benefits. It can reduce burnout, improve mental health, and boost productivity in the long run.
Public holidays also boost tourism and hospitality. Long weekends often see more South Africans travelling, eating out, and spending money locally.
Statistics South Africa has found that public holidays during busy seasons increase spending in hotels, restaurants, and tourist attractions, helping local economies.
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