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South African Statutes

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South African Statutes

    DEPARTMENT OF LABOUR

NO. .......……………... Date..........…………………..

    BASIC CONDITIONS OF EMPLOYMENT ACT 75 OF 1997

    SECTORAL DETERMINATION NO 5: LEARNERSHIPS

    I, Membathisi Mphumzi Shepherd Mdladlana, Minister of Labour, in terms of Section 55(1) of the Basic Conditions of Employment Act no 75 of 1997, read together with Section 18(4) of the Skills Development Act, No 97 of 1998 hereby make the sectoral determination establishing conditions of employment and rates of allowances for learners in South Africa and fix the second Monday after the date of publication of this notice as the date from which provisions of this determination shall be binding upon all employers and learners in all sectors where Sector Education Authorities (SETAs) have been established.

M.M.S. MDLADLANA, MP

    Minister of Labour

    DEP2/0042LRA/BCEA

    SCHEDULE

    TABLE OF CONTENTS PAGE NO.

    1. Definitions 2-4 2. Area and scope of determination 4

    3. Learner‟s allowances 4-5 4. Calculation of remuneration and allowances 6 5. Payment of remuneration 6 6. Information about remuneration 7 7. Deductions and other acts concerning remuneration 7-8 8. Interpretation of day 8

    -9 9. Ordinary hours of work 810. Overtime 9 11. Compressed working week 9-10 12. Averaging of hours of work 10 13. Meal intervals 10-11 14. Daily and weekly rest period 11 15. Pay for work on Sundays 11-12 16. Night work 12-13 17. Public holidays 13-14 18. Emergency work 14 19. Annual leave 14-15 20. Pay for annual leave 15-16 21. Sick leave 16-17 22. Proof of incapacity 17 23. Application to occupational accidents and diseases 17 24. Maternity leave 18 25. Protection of learners before and after birth of a child 18 26. Family responsibility leave 19-20 27. Contract of employment 20-21 28. Informing learners of their rights 21 29. Keeping of records 21 30. Termination 22 31. Payments on termination 22 32. Certificate of service 22 33. Disputes about this determination 22 34. Keeping of the determination for learners 23

    Annexure “A” Certificate of service

    DEP2/0042LRA/BCEA

     2

    DEFINITIONS

    1. In this Act, unless the context indicates otherwise-

     „Act‟ means the Skills Development Act, 1998 (Act No 97 of 1998)

     'agreement' includes a collective agreement;

     'allowance' means the amount of money paid or payable to a learner in respect

    of ordinary hours of work or, if they are shorter, the hours a learner normally

    works in a day or week;

     'bargaining council' means a bargaining council registered in terms of the

    Labour Relations Act, 1995, and, in relation to the public service, includes the

    bargaining councils referred to in section 35 of that Act;

     'CCMA' means the Commission for Conciliation, Mediation and Arbitration

    established in terms of section 112 of the Labour Relations Act, 1995;

     'collective agreement' means a written agreement concerning terms and

    conditions of employment or any other matter of mutual interest concluded by

    one or more registered trade unions, on the one hand and, on the other hand-

    (a) one or more employers;

    (b) one or more registered employers' organisations; or

    (c) one or more employers and one or more registered employers‟

    organisation;

    and includes a collective agreement concluded in a bargaining council and

    binding in terms of either section 31 or 32 of the Labour Relations Act, 1995;

    „credit‟ means a credit as defined in the Regulations made under the South

    African Qualifications Authority Act, 1995 (Act 58 of 1995) published in

    Government Notice 18787 of 28 March 1998;

     'dispute' includes an alleged dispute;

     'Labour Relations Act, 1995' means the Labour Relations Act, 1995 (Act 66

    of 1995);

     'medical practitioner' means a person entitled to practise as a medical

    practitioner in terms of section 17 of the Medical, Dental and Supplementary

    Health Service Professions Act, 1974 (Act 56 of 1974);

     3

     'midwife' means a person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act, 1978 (Act 50 of 1978);

     'Minister' means the Minister of Labour;

     'month' means a calendar month;

     'ordinary hours of work' means the hours of work permitted in terms of

    clause 9 or in terms of any agreement in terms of clauses 11 or 12;

    „NQF level‟ means a level of the National Technical Qualifications Framework referred to in the regulation 3 of the Regulations made under the South African Qualifications Authority Act, 1995 (Act no. 58 of 1995) published in Government Notice 18787 of 28 March 1998;

     'overtime' means the time that a learner works during a day or a week in excess of ordinary hours of work;

     'public holiday' means any day that is a public holiday in terms of the Public Holidays Act, 1994 (Act 36 of 1994);

     'registered employers' organisation' means an employers' organisation

    registered under section 96 of the Labour Relations Act, 1995;

     'registered trade union' means a trade union registered under section 96 of the Labour Relations Act, 1995;

     'remuneration' means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and 'remunerate' has a corresponding 1meaning;

     'sector' means an industry or a service or a part of an industry or a service;

     'sectoral determination' means a sectoral determination made under Chapter Eight of the Basic Conditions of Employment Act, 1997;

    „wage‟ means the amount of money paid or payable to a learner in respect of ordinary hours of work or, if they are shorter, the hours an employee ordinarily works in a day or a week;

     'week' in relation to a learner, means the per