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

Sectoral Determinations

Sectoral Determination 5 : Learnerships

2. Application of this determination


(1) This determination applies to:
(a) the employment of a learner—
(i) who has concluded a learnership agreement in terms of section 17 of the Act;and
(ii) who was not in the employment of the employer party to the learnership agreement when the agreement was concluded.
(b) to every employer who employs a learner contemplated in subparagraph (a) in respect of the employment of that learner.


(a) This determination forms part of the contract of employment of any learner employed in terms of section 18(2) of the Act.
(b) Subparagraph (a) does not prevent an employer and a learner concluding a contract of employment in terms of section 18(2) of the Act, which contains terms, and conditions that are more favourable to the learner.


(3) This determination takes precedence over any collective agreement, except insofar as a collective agreement concluded after this determination comes into effect expressly provides for learners to receive an allowance or conditions of employment that are more favourable to the employee than provided for in this determination.