South Africa Act or statute

Parliament of the Republic of South Africa

Public Holidays Act

bills of exchangebusiness daysemployee benefitsemployment definitionsholiday calendarholiday paypromissory notes

Jurisdiction: South Africa
Structure: 4 provisions
Citation: Act 36 of 1994
Dates: Record updated 7 Dec 1994

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Dates: Record updated 7 Dec 1994

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Purpose and legislative effect

“Sunday and any public holiday are treated as non-business days for laws about bills of exchange or promissory notes.”

Sunday and any public holiday are treated as non-business days for laws about bills of exchange or promissory notes. Employees are entitled to the public holidays set by the Act and to payment for each public holiday, with more favourable holiday entitlements preserved. This section names the Act as the Public Holidays Act, 1994, and says it comes into operation on 1 January 1995. This section shows a public-holiday calendar and lists amendments and repeals affecting earlier laws.

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Sunday or any public holiday shall be deemed to be a non-business day

Sunday and any public holiday are treated as non-business days for laws about bills of exchange or promissory notes.

Section 3

Employee entitled to paid public holidays

Employees are entitled to the public holidays set by the Act and to payment for each public holiday, with more favourable holiday entitlements preserved.

Section 25

This Act shall be called the Public Holidays Act, 1994, and shall come into

This section names the Act as the Public Holidays Act, 1994, and says it comes into operation on 1 January 1995.

Section 6

March

This section shows a public-holiday calendar and lists amendments and repeals affecting earlier laws.

Section 21

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Source record from www.parliament.gov.za · Record updated 7 Dec 1994

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Showing 4 of 4 provisions

Commencement 2Short title 2

§ 3Sunday or any public holiday shall be deemed to be a non-business dayCommencement

Sunday and any public holiday are treated as non-business days for laws about bills of exchange or promissory notes.

3. 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. Amendment and repeal of laws 20 4. (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 Republic of South Africa in Schedule 2 shall be construed as references to the territory of the Republic of South Africa as it was immediately before the commencement of the Constitution, 1993.

Section 3Verify source

§ 25Employee entitled to paid public holidaysShort title

Employees are entitled to the public holidays set by the Act and to payment for each public holiday, with more favourable holiday entitlements preserved.

25 Employee entitled to paid public holidays 30 5. (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 No. 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 No. 28 of 1956), agreement or contract of employment, is entitled to more than the number of GOVERNMENT GAZETTE; 7 DECEMBER 1994 PUBLIC HOLIDAYS ACf,1994 No. 16136 S Act No. 3~, _1994 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, 5 1993 (Act No. 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. , 1, Short title and commencement

Section 25Verify source

§ 6This Act shall be called the Public Holidays Act, 1994, and shall come intoCommencement

This section names the Act as the Public Holidays Act, 1994, and says it comes into operation on 1 January 1995.

6. This Act shall be called the Public Holidays Act, 1994, and shall come into 10 operation on 1 January 1995. GOVERNMENT GAZETTE, 7 DECEMBER 1994 PUBLIC HOLIDAYS ACT, 1994 No. 16136 7 Act No. 36, 1994 . SCHEDULE 1 (SECTION 2) 1 January

Section 6Verify source

Part

SCHEDULE 1

§ 21MarchShort title

This section shows a public-holiday calendar and lists amendments and repeals affecting earlier laws.

21 March Friday before Easter Sunday Monday after Easter Sunday 27 April 1 May 16 June 9 August 24 September 16 December . 25 December 26 December Calendar of public: holidays New Year's Day · Human Rights Da) Good Friday Family Day Freedom Day Worker.;' Day Youth Day National Women's Day Heritage Day Day of Reconciliation Christmas Day Day of Goodwill GOVERNMENT GAZETIE, 7 DECEMBER 1994 PUBLIC HOLIDAYS Acr, 1994 No. 16136 9 Act No. 36, 1994 SCHEDULE 2 (SECllON 4(1)) Number and year or Short title law Extent of amendment or repeal Act No. 5 of 1952 Public Holidays Act, 1952, of the Repeal of the whole. former Republic of South Africa Act No. 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 No. 68 of 1961 Public Holidays Amendment Act, Repeal of the whole. 1961, of the former Republic of South Africa Act No. 39 of 1973 Public Holidays Amendment Act, Repeal of the whole. 1973, of the former Republic of South Africa Act No. 72 of 1980 Public Holidays Amendment Act, Repeal of the whole. 1980, of the former Republic of South Africa Act No. 3 of 1983 Basic Conditions of Employment Amend section 1 by the substitution for Act, 1983, of the former Republic the definition of "public holiday" the of South Africa follo~ng definition: " 'public holiday'- [( a) when it Is used in relation to an employee who Is employed In or in connection with a shop or an office, or in so far as a provision in which it Is used Is applied with respect to any such employee, means a day which Is a public holiday in terms or section 1 or declared as such under section 2 or the Public Holidays Act, 1952 (Act No. S of 1952); (b) when It Is used in relation to an employee who Is not so employed, or in so far as a provision In which it is used Is applied with respect to an employee wbo Is not so employed, means New Year's Day, Good Fri· day, Ascension Day, Workers' Day, Republic Day, Day of the Vow or Christmas Day;] means a public holiday as defined in the Public Holidays Act, 1994;". Act No. 29 of 1976 Public Holidays Act, 1976, of the Repeal of the whole. former Republic of Transkei Act No. 3 of 1978 Public Holidays Act, 1978, of the Repeal of the whole. former Republic of Bophutha- tswana Act No. 28 of 1979 Public Holidays Amendment Act, Repeal of the whole. 1979, of the former Republic of Bophuthatswana Act No. 5 of 1980 Public Holidays Act, 1980, of the Repeal of the whole. Republic of Venda Act No. 4 of 1982 Public Holidays Amendment Act, Repeal of the whole. 1982, of the former Republic of Venda Act No. 3 of 1981 Public Holidays Act, 1981, 'of the Repeal of the whole. former Republic of Ciskei

Section 21Verify source

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2 referenced instruments

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A–F

1 instrument

Basic Conditions of Employment Act, 1983
Section 25

N–S

1 instrument

Repeal of the whole. former Republic of South Africa Act
Section 21

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