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:
- Area and scope of determination
- Learner’s allowances
- Calculation of remuneration and allowances
- Payment of remuneration
- Information about remuneration
- Deductions and other acts concerning remuneration
- Interpretation of day
- Ordinary hours of work
- Compressed working week
- Averaging of hours of work
- Meal intervals
- Daily and weekly rest period
- Pay for work on Sundays
- Night work
- Public holidays
- Emergency work
- Annual leave
- Pay for annual leave
- Sick leave
- Proof of incapacity
- Application to occupational accidents and diseases
- Maternity leave
- Protection of learners before and after birth of a child
- Family responsibility leave
- Contract of employment
- Informing learners of their rights
- Keeping of records
- Payments on termination
- Certificate of service
- Disputes about this determination
- 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.