Workers’ Day, celebrated on 1 May, is more than just a day off—it’s a powerful reminder of the struggles and victories that shaped employee rights in South Africa.
It recognises the fight for:
Today, these rights are protected by law—but many employees still aren’t fully aware of what they’re entitled to.
Understanding your rights isn’t just helpful—it’s essential.
Before we go further, there’s one key factor to understand:
These rules mainly apply to employees earning below the earnings threshold of R269,600.90 per year.
If you earn above this amount:
➡️ Some rules around overtime, working hours, and public holiday pay may be negotiated in your contract
➡️ You may not be automatically entitled to the same protections
Always check your employment contract if you earn above the threshold.
The short answer: No, not without your agreement.
Under South African labour law (Basic Conditions of Employment Act):
Your employer cannot force you to work on a public holiday if you reasonably object.
However, there are exceptions:
✔️ If you normally work on that day (based on your schedule)
✔️ AND your contract includes public holiday work
Then your employer may expect you to work, but they must still follow the correct pay rules.
This is where many employees get caught out.
If you do NOT work:
✔️ You are still entitled to your normal daily wage
✔️ As long as you worked the day before or after (unless on approved leave)
If you DO work:
You must be paid double your normal daily wage
If you work overtime:
All hours are paid at double your hourly rate
There is no extra overtime rate on top of double pay
What You Get Paid: Normal daily wage
What You Get Paid: Double daily wage
What You Get Paid: Double the hourly rate
You don’t usually work that day, but are asked to double your daily wage.
No—this is illegal in most cases.
Your employer cannot:
…simply because you refused to work on a public holiday.
The only exception:
If your contract clearly states that working public holidays is required.
If you’ve been treated unfairly, you have 30 days to take action.
If something doesn’t feel right, you have options:
📌 CCMA – For unfair dismissal or labour disputes
📌 Department of Employment and Labour – For unpaid wages or complaints
📌 Legal&Tax – For immediate legal advice and support
Ts&Cs apply.
Keep proper records of:
Hours worked
Payslips
Communication with your employer
If you were underpaid, you can claim back money owed to you for up to 3 years.
With Solace you’re not alone
Small, informed steps taken now can prevent bigger problems later.
Know your rights. Protect your income. Take action when it matters. Ts&Cs apply.
If you would like to learn more about protecting yourself and your family with legal support, read our legal hub articles.
Your rights matter. Having the right support when you need it matters even more.
💬 WhatsApp: +27 (76) 412 9990 (type "AI" to start chatting)
☎️ Call: 0860 765 223
✉️Email: info@solacebenefits.co.za
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