Tue, Jun 28, 2022

Learnerships are both a form of training and employment. Learnerships are  delivered and managed within the context of the Basic Conditions of Employment Act no 75 of 1997 and Section 18(4) of the Skills Development Act, No 97 of 1998.

Sectoral Determination 5 : Learnerships establishes conditions of employment and rates of allowances for learners in South Africa.

Learners, Employers and Regulations

You can click the links to go to the relevant section.

Sectoral Determination 5 : Learnerships includes clauses for the following:

  1. Definitions
  2. Area and scope of determination                                             
  3. Learner’s allowances
  4. Calculation of remuneration and allowances
  5. Payment of remuneration
  6. Information about remuneration
  7. Deductions and other acts concerning remuneration
  8. Interpretation of day
  9. Ordinary hours of work
  10. Overtime
  11. Compressed working week
  12. Averaging of hours of work
  13. Meal intervals
  14. Daily and weekly rest period
  15. Pay for work on Sundays
  16. Night work
  17. Public holidays
  18. Emergency work
  19. Annual leave
  20. Pay for annual leave
  21. Sick leave
  22. Proof of incapacity
  23. Application to occupational accidents and diseases
  24. Maternity leave
  25. Protection of learners before and after birth of a child
  26. Family responsibility leave
  27. Contract of employment
  28. Informing learners of their rights
  29. Keeping of records
  30. Termination
  31. Payments on termination
  32. Certificate of service 
  33. Disputes about this determination
  34. Keeping of the determination for learners

According to the Determination, this legislation applies to employers, training providers and learners.

Determination 5 spells out minimum payment levels for Learners. Employers may not pay less than the amounts stipulated by the Determination.

Employers may pay more, and in fact are advised to do so, rather than rigidly adhere to the minimum levels.

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