Public holidays

Employers must look at productivity during festive times, including working hours, public holidays and other kinds of leave that are important.

An employer can only request an employee to work on a public holiday if agreed upon and may also exchange such a day with an ordinary workday at the employer’s discretion.  That is why we advise employers to discuss this with the employee during the interview and also include it in the employment contract.

There are 3 scenarios for public holidays:

  • The employee receives normal pay for the day if:
    • the public holiday falls on a normal work day and the employee does not work.
  • The employee receives double the normal hourly wage for every hour of work performed on a public holiday.
  • The employee receives his/her normal daily wage plus his/her hourly wage for each hour worked on the public holiday if:
    • the employee’s shift does not ordinarily fall on a public holiday.

We advise employers to include clauses in the employment contract regarding leave, work performed on public holidays, as well as a compressed working week.  Implement policies to ensure that all employees are aware of the rules in the workplace.

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LWO Regsadviseur - LWO Legal Advisor

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