Basic Guide to Employer’s Duties (Learnerships)

Application

1. The Sectoral Determination 5: Learnerships applies to-
   • the employment of a learner –
     • who has concluded a learnership agreement; and
     • who was not employed by the employer party to the learnership agreement when the agreement was concluded; and
   • every employer who employs a learner.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

• Sectoral Determination 5 : Learnerships

  A sectoral determination establishing conditions of employment and rates of allowances for learners in South Africa

All Employers

• set working hours in line with labour laws
• follow the law with regard to overtime, public holidays, and working on Sundays
• give learners –
  • annual leave
  • sick leave
  • maternity leave
  • family responsibility leave
  • only make deductions from a worker’s pay allowed for by law.

Employers with 5 or More Learners

• provide learners with the following documents:
• an employment contract
• a pay slip each time they are paid
• maintain an employee record for each learner
• inform learners of their rights by displaying a summary of the Basic Conditions of Employment Act in the workplace
  

Related Links

• Basic Guide to Overtime (Learnerships)

  Sectoral Determination 5: Learnership Workers regulates overtime working hours and pay for such hours.

• Basic Guide to Public Holidays (Learnerships)

  Sectoral Determination 5 stipulates the conditions for working on Public Holidays for learnership workers.

• Basic Guide to Working Hours (Learnerships)

  Sectoral Determination 5 regulates working hours and rest periods for learnership workers.

• Basic Guide to Working on Sundays (Learnerships)

  Sectoral Determination 5: Learnerships prescribes the wages for working on a Sunday.