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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

18. Emergency work


(1) An employer may only require or permit a learner to work in excess of the limits on working times prescribed in clauses 8 to 17 in order to perform work which is required to be done without delay owing to circumstances for which the employer could not reasonably have been expected to make provision and which cannot be performed by employees during their ordinary working hours of work.


(2) Any work that any learner performs in terms of subclause (1) must be remunerated:
(a) at overtime rates in accordance with clause 10(2), or
(b) if it is performed on a Sunday or on a public holiday at the applicable rate in terms of clause 15 or 17 respectively.