Basic Guide to Employment Contracts

​Basic Guide to Employment Contracts (Learnerships)

by Zopedol — last modified 2008-01-08 12:27
 
A learner’s employment contract must include time for training sessions and for study.  A contract may be terminated only under certain circumstances.

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 : Learner​ships
    A sectoral determination establishing conditions of employment and rates of allowances for learners in South Africa

Written Particulars of Employment

At the start of employment, employers must give learners a document containing the following information:

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.​