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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

25. Protection of learners before and after birth of a child


(1) No employer may require or permit a pregnant learner or a learner who is nursing her child to perform work that is hazardous to her health or the health of her child.


(2) During a learner's pregnancy, and for a period of six months after the birth of her child, her employer must offer her suitable, alternative employment on terms and conditions that are no less favourable than her ordinary terms and conditions of employment, if:
(a) the learner is required to perform night work, as defined in clause 16(1) or her work poses a danger to her health or safety or that of her child; and
(b) it is practicable for the employer to do so.