Minister: Double pay for holiday work is mandatory

Employers have been reminded they must pay workers double their normal rate if they work on Christmas Day, Boxing Day and New Year’s Day.

Minister for Employment, Productivity and Workplace Relations, Agni Deo Singh said public holiday pay was not optional and employers who failed to comply were breaching the Employment Relations Act 2007.

He said Section 67(2) of the Act clearly stated that any worker required to work on a public holiday was entitled to double pay for the hours worked.

“Workers who give up their public holidays to keep businesses running must be properly compensated,” Mr Singh said.

The Minister also reminded employers that workers who do not work on a public holiday are still entitled to be paid at their normal single rate, provided they would normally have worked on that day. This is outlined under Section 67(1) of the Act.

Mr Singh said workers who do not work on a public holiday but have worked their normal working day immediately before and after the holiday, also qualified for public holiday pay at a single rate.

However, he said workers who were unable to work on the day before or after a public holiday must provide a valid reason or a medical certificate to qualify for public holiday pay.

Mr Singh said many complaints received by the ministry during the festive season were linked to employers either misunderstanding the law or deliberately ignoring it.

“A clear understanding of public holiday pay provisions is important to ensure fair treatment of workers, avoid disputes and maintain good workplace relations,” he said.

With many businesses expected to operate through the festive period, the Minister urged employers to plan ahead and factor public holiday pay into their operating costs.

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