Basic Guide to Overtime (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

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

• 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.

Related Links

• Basic Guide to Pay Slips (Learnerships)

  Sectoral Determination 5 stipulates that employers must give learnerhip workers certain details each time they are paid.

• 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.