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:

• Fair working conditions 
• Reasonable working hours 
• Proper pay 

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.

Important: Does This Apply to You?

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.

Can You Be Forced to Work on Workers’ Day?

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.

What Should You Be Paid?

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

Quick Pay Breakdown

1. Scenario: You don’t work

What You Get Paid: Normal daily wage

2.  Scenario: You work

What You Get Paid: Double daily wage

3.  Scenario: You work overtime

What You Get Paid: Double the hourly rate

You don’t usually work that day, but are asked to double your daily wage. 

Can You Be Punished for Refusing to Work?

No—this is illegal in most cases.

Your employer cannot:

• Fire you
• Discipline you
• Treat you unfairly

…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.

What To Do If Your Rights Are Violated

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

T’s and C’s apply.

How Legal&Tax Can Help You

You don’t have to figure this out on your own.

With Legal&Tax, you get access to:

• 24/7 legal advice on workplace disputes
• Contract reviews to check if your employer’s demands are lawful
• Guidance on CCMA cases—from referral to resolution
• Support with unpaid wages claims and dispute processes

Whether you’re unsure about your rights or already facing a workplace issue, having expert legal support can make all the difference.

T’s and C’s apply.

Legal&Tax Tip

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 Legal&Tax 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. T’s and C’s apply.

💬 WhatsApp: +27 (71) 526 8527  (type “Hi” to start chatting) 
☎️ Call: 0860 587 587
✉️ Email: info@legalandtax.co.za