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Basic Guide to Public Holidays (Learnerships)

by Zopedol — last modified 2007-11-28 14:04

Learners who normally work on public holidays are paid double their allowance or receive at least their normal allowance.

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

Pay for Public Holidays

Learners must get paid time off for any public holiday that falls on a working day. An employer must pay a learner for work on a public holiday on the learner’s normal payday.

Working on Public Holidays

Working on public holidays is by agreement only.

Learners must get paid their normal wage for public holidays not worked.

Learners who work on a public holiday must be paid at least double the daily wage.

If learners work on a public holiday, which they would normally not work, they must receive –

a daily allowance, and
the amount earned for the work performed that day.

Exchanging Public Holidays

A public holiday can be exchanged with another day by agreement.

Based on Legislation in Section 18, of the Basic Conditions of Employment Act

Public Holidays and Annual Leave

A public holiday cannot be counted as annual leave.

Based on Legislation in Section 20, of the Basic Conditions of Employment Act

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