(1) Subject to subsection (2), an employer shall not require any employee to work on a public holiday except with the agreement of the employee and on payment by the employer of overtime pay to the employee at the rate specified in section 32 (2).
(2) The provisions of subsection (1), shall not apply to an employer who—
(a) carries on the business of a hotel, hostel, or other hospitality service that lawfully operates on a public holiday;
(b) engages in essential work in agriculture;
(c) carries on work in which continuous shifts are worked;
(d) is in an industrial establishment where work is necessary to maintain its operations or to prevent it causing health and safety hazards;
(e) carries on emergency work; or
(f) carries on protective services.
(3) The Minister may, by Order published in the Gazette, exempt certain industries and enterprises, or certain parts, from the requirements of subsection (1), on such terms and conditions as are appropriate and after consultation with the representative trade union and employers' organizations concerned.