(1) Every employee shall be allowed in each week a holiday of one whole day.
(2) Every employee shall be allowed in each calendar year a holiday of one whole day 4 [on the 26th January, the 1st May, the 15th August and the 2nd October] and five holidays each of one whole day for such festivals as the Inspector may, in consultation with the employer and the employees, specify in respect of any catering establishment.
(3) (a) Notwithstanding any contract to the contrary, no deduction shall be made from the wages of any employee on account of any holiday allowed to him under subsection (1) or sub-section (2).
(b) Every employee shall be paid wages 5 [* * *] for each of the holidays allowed to him under sub-section (2).
1 Ins. by Act 29 of 1975, S.7 2 Subs. by Act 29 of 1975, S.8 3 Explanation omitted by Act 29 of 1975, S.8 4 Subs. by Act 29 of 1975, S.9 5 The words “at the ordinary rates of wages as defined in the Explanation to section 8” omitted by Act 29 of 1975, S.9 7 1 [(4) (a) Notwithstanding anything contained in sub-section (2), any employee may be required by the employer to work on any holiday allowed under that sub-section, if the employer has, not less than twenty-four hours before such holiday,-
(i) served in the prescribed manner on the employee a notice in writing requiring him to work as aforesaid; and
(ii) sent to the Inspector and exhibited in the premises of the catering establishment a copy of such notice.]
2 [(b) Where an employee works on any holiday allowed under sub-section (2), he shall, at his option, be entitled to-
(i) twice the wages for such day, or
(ii) wages for such day and to avail himself of a substituted holiday with wages on one of the three days immediately before or after the day on which he so works.]
3 [11-A. Notice of periods of work. - (1) There shall be correctly maintained and displayed in every catering establishment a notice of periods of work in such form and in such manner as may be prescribed showing clearly for every day the periods during which employees may be required to work.
(2) No employee shall be allowed or required to work in any catering establishment otherwise than in accordance with the notice of periods of work displayed under sub-section (1).
(3) Every employer shall send to the Inspector and display in the catering establishment, a statement showing the holidays allowed in each calendar year under section 11, in such form, within such time and in such manner as may be prescribed.]