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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination No 5: Learnerships

10. Overtime


(1) Subject to clauses 8 to 18, an employer may not require or permit a learner:
(a) to work overtime except in accordance with an agreement;
(b) to work more than—
(i) three hours' overtime a day;
(ii) ten hours' overtime a week.


(2) An employer must pay a learner at least one and one-half times the learner's allowance for overtime worked.


(3) Despite subclause (2), an agreement may provide for an employer to:
(a) pay a learner not less than the learner's ordinary allowance for overtime worked and grant the learner at least 30 minutes' time off on full pay for every hour of overtime worked; or
(b) grant a learner at least 90 minutes' paid time off for each hour of overtime worked.


(a) An employer must grant paid time off in terms of subclause (3) within one month of the learner becoming entitled to it.
(b) An agreement in writing may increase the period contemplated by paragraph (a) to 12 months.


(5) An agreement concluded in terms of subclause (1) with a learner when the learner commences employment, or during the first three months of employment, lapses after one year.