Public Holiday pay

[ZeeC]

Public Holiday pay
Hello there. Can I please have some clarity on this matter...I work for a certain manufacturing company and I work a 45hr week, Monday to Friday. According to this company, payment for a public holiday worked is in the following way:

-If I do not work on a public holiday, I will receive my normal days pay.

-If I do work on a public holiday, I will be paid my normal full days pay plus payment for the hours worked at my normal hourly rate.

•example: If my normal hourly rate is R100 and I work the 9 hrs on the public holiday, I will be paid R900 for the day, If I work 5hrs I will receive R500 for the day.

Their logic is that because you are already receiving a full day's pay for the day regardless whether you worked or not, therefore that is one half of your pay as such the company will then pay you for the hours worked at your normal rate to make up the other half thereby making it double pay for the public holiday.

My question is, does this sound right or is this right?...is there any one out there who ever experienced this from any other company?

[Andromeda]

The BCOE requires that payment for work on a PH is for 1 shift, whether you work or not. If you work, then payment is for the shift and for the time worked, with a proviso that the payment for even 1 hours work equals at least a normal shift's payment.

So in your example, if you work 1, 2, 3, 4, 5, 6, 7 or 8 hours, you are to be paid as if you worked 9 hours.

Remember that any contract may only grant you rights in excess of what the BCOE grants. If it is less then that clause is unenforceable and the Act takes precedence.