(1) Notwithstanding any contract to the contrary, every employee shall be paid wages for each of the holidays allowed to him under section 3:
7[Provided that no wages for any such holiday shall be allowed in respect of any employee, who has not put in atleast thirty days work within a continuous period of ninety days immediately preceding that holiday, or who is on leave with wages during any period including any such holiday.]
(2) (a) Notwithstanding anything contained in section 3, any employee may be required by the employer to work on
6. Substituted by Act No. 21 of 1980.
7. Added by Act No. 21 of 1980.
Employer to send statement to Inspector.
Wages.
[Act No.32 of 1974] 5 any holiday allowed under that 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 having jurisdiction over the area in which the factory or establishment is situated and displayed in the premises of the factory or establishment a copy of such notice;
(b) Where an employee works on any holiday allowed under section 3, he shall, at his option, be entitled to-
(i) twice the wages; 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:
Provided that an employee who is paid wages by the day or at piece rates shall be entitled to be paid wages for any holiday allowed under section 3 only at a rate equivalent to the daily average of his wages to be calculated in the prescribed manner.