My boss won’t compensate me for worked public holidays

Can my employer obligate me to work during public holidays? For 13 years, my employer has been cheating me of my public holiday entitlement because I had no idea businesses that operate on public holidays are supposed to compensate employees who work on those days. When I got to know about the public holiday entitlement and challenged my supervisor to factor in days I worked on public holidays when taking my annual leave, he agreed I am entitled to public holidays but is trying to complicate the matter with bureaucracy. I am planning to stop working on public holidays since my boss makes it hard for me to claim what is due to me. Would there be a legitimate reason for me to be punished if I did so? What does the law say? Leticia

Dear Leticia, The Employment Act of 2006 clearly stipulates the leave entitlements and rest days, which include public holidays, to which every employee is entitled.

If it so happens that you have to work on public holidays given the nature of your job, your employer must compensate the days to your annual leave and you should take them when its convenient for both you and your employer. There must be no buearacracy.

The only consideration should be the exigencies of your job. Otherwise you are entitled to your public holidays leave. You must, however, ensure that your employer was aware that you worked during the said holidays or better still it should be with your employer’s approval.

I would, however, advise that before you stop turning up for work, ensure you have formally applied for the leave days, prepared your handover notes and got approval. If your employer unnecessarily denies approving your leave then you can inform your HR department that you are proceeding on to take your earned public holidays. You will not be fired.

You should also note that public holidays worked must be compensated in either additional leave days or paid in lieu.

Moses Ssesanga, Head Human Resource NMG - Uganda