Basic Guide to Working Hours (Learnerships)

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by Zopedol — last modified 2014-02-18 17:09

By agreement a learner’s working hours may be extended, his rest periods may be shortened and he may do night work.

Application

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

Compressed Working Week

Learners may agree, in writing, to work up to 12 hours a day without getting overtime pay.

However, such learners may not work more than –

45 ordinary hours a week
10 hours overtime a week
5 days a week

Based on Legislation in Section 11, of the Basic Conditions of Employment Act

Maximum Working Hours

Number of days worked per week	Maximum
	Hours per day		Hours per week
	Ordinary	Total	Ordinary	Overtime
1 - 5	9	12	45	10
6 - 7	8	12	45	10

Based on Legislation in Section 9, of the Basic Conditions of Employment Act

Averaging of Working Hours

A collective agreement may allow for working hours to be averaged over a period of up to 4 months.

However, learners may not work more than an average of –

45 hours a week
5 hours overtime a week

Based on Legislation in Section 12, of the Basic Conditions of Employment Act

Ordinary Working Hours

By agreement, a learner’s working hours may be extended by up to 15 minutes a day, but no more than 60 minutes a week.

Meal Breaks

Learners must have a meal break of 60 minutes after 5 hours work.

During a meal break learners may be required to perform work that cannot be left unattended or no one else can do it.

A written agreement may –

reduce meal intervals to 30 minutes
eliminate meal intervals for learners who work less than 6 hours a day

A learner must be paid for –

meal breaks during which they had to work or be on available for work; and
any part of a meal break longer than 75 minutes, unless he lives on the workplace premises.

Rest Periods

Learners must have a rest period of –

12 hours each day; and
36 consecutive hours each week (must include Sunday, unless otherwise agreed)

Employers may with a written agreement, allow learners –

to reduce the daily rest period to 10 hours for learners –
- who live on the workplace premises; and
- whose meal breaks last for at least 3 hours;
- a rest period of at least 60 continuous hours every 2 weeks; or
- to reduce a learner’s weekly rest period by up to 8 hours in any week, if the following week’s rest period is extended by the same number of hours.

Night Work

Learners who work between 6pm and 6am must –

have agreement
get an allowance, or
work reduced hours, and
have transport available to them.

An employer who regularly requires a learner to work after 11pm and before 6am must –

inform a learner in writing, or orally, in a language that is understood of –
- any health or safety hazards concerning his work;
- the right to have a medical examination, paid by the employer –

A learner may request to have a medical examination –

before employment begins, or shortly after; and
at certain intervals while working.

Employers may move the learner to suitable day work within a reasonable time if –

the learner’s health suffers owing to night work; and
it is practicable for the employer to do so.

The record of any learner’s medical examination must be confidential and may be made available only if –

the ethics of medical practice require it;
a law or court order requires it; or
if a learner has consented in writing.