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Basic Guide to Employment Contracts (Learnerships)

by Zopedol — last modified 2008-01-08 12:27
A learner’s employment contract must include time for training sessions and for study.  A contract may be terminated only under certain circumstances.

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

Written Particulars of Employment

At the start of employment, employers must give learners a document containing the following information:

Employer’s and Learner’s Details

  • Employer’s full name
  • Employer’s address
  • Learner’s name and 
  • The Learnership

Employment Details

  • Place/s of work
  • Date of employment
  • Working hours and days of work
  • The hours for study training sessions
  • The date when a learner’s employment will end.

Payment Details

  • Pay or the rate and method of calculating pay
  • Rate for overtime
  • Any other cash payments
  • Any payments in kind and their value
  • Frequency of payment
  • Any deductions

Leave details

  • Any leave to which the learner is entitled

Notice/Contract Period

  • Period of notice required, or
  • Period of contract

The Employment contract must be –

  • in writing and be signed by the employer and the learner;
  • concluded when the learner commences employment; 
  • supplied with a copy of the contract of employment;
  • updated if any of the details change;
  • kept by the employer for a period of three years after the termination of the learnership.

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