Basic Guide to Overtime (Learnerships)

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by Zopedol — last modified 2007-11-28 14:01
 
Learners may not work overtime unless by agreement.  Learners’ pay must be adjusted accordingly.

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

Overtime Hours

Learners may not work –

  • overtime, unless by agreement;
  • more than 10 hours’ overtime a week (a collective agreement may increase this to 15 hours per week for up to 2 months a year);
  • more than 3 hours on any day.

Pay for Overtime

Employers must either –
  • pay learners overtime at 1.5 times their normal wage; or
  • grant learners paid time off.

Employers may either –

  • pay learners their ordinary wage for overtime worked; or
  • give them paid time off on full pay

Paid time off must be granted within 1 month of the overtime worked.  Agreements lapse after 1 year.


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