Basic Guide to Employment Contracts (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

Written Particulars of Employment

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.
  

Related Links

• Basic Guide to Deductions (Learnerships)

  Sectoral Determination 5 allows for deductions from a learner worker’s pay only under certain conditions

• Basic Guide to Overtime (Learnerships)

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

• Basic Guide to Pay and Allowances (Learnerships)

  Sectoral Determination 5 requires that learners' pay is calculated according to the number of hours worked.

• Basic Guide to Public Holidays (Learnerships)

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

• Basic Guide to Termination (Learnerships)

  Sectoral Determination 5: Learnership Workers stipulates the procedures for termination of an employment contract.

• 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.

• Sample - Employment Contract