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

Sectoral Determinations

Sectoral Determination 5 : Learnerships

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"Act"

means the Skills Development Act, 1998 (Act No 97 of 1998)

 

"agreement:"

includes a collective agreement

 

"allowance"

means the amount of money paid or payable to a learner in respect of ordinary hours of work or, if they are shorter, the hours a learner normally works in a day or week;

 

"apprenticeship"

means a learnership in respect of a listed trade, and includes a trade-test in respect of that trade;

[Definition inserted by section 1(a) of Notice No. R. 234, GG 34125, dated 15 March 2011]

 

"artisan"

means a person that has been certified as competent to perform a listed trade in accordance with Act No. 37, 2008 Skills Development Amendment Act, 2008;

[Definition inserted by section 1(a) of Notice No. R. 234, GG 34125, dated 15 March 2011]

 

"bargaining council"

means a bargaining council registered in terms of the Labour Relations Act, 1995, and, in relation to the public service, includes the bargaining councils referred to in section 35 of that Act

 

"CCMA"

means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995;

 

"collective agreement"

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand—

(a) one or more employers;
(b) one or more registered employers' organisations; or
(c) one or more employers and one or more registered employers’ organisation;

and includes a collective agreement concluded in a bargaining council and binding in terms of either section 31 or 32 of the Labour Relations Act, 1995;

 

"credit"

means a credit as defined in the Regulations made under the South African Qualifications Authority Act, 1995 (Act 58 of 1995) published in Government Notice 18787 of 28 March 1998;

 

"dispute"

includes an alleged dispute;

 

"Labour Relations Act, 1995"

means the Labour Relations Act, 1995 (Act 66 of 1995);

 

"learner"
includes an apprentice;

[Definition inserted by section 1(b) of Notice No. R. 234, GG 34125, dated 15 March 2011]

 
"learnership"
includes an apprenticeship;

[Definition inserted by section 1(b) of Notice No. R. 234, GG 34125, dated 15 March 2011]

 
"learning"
means the acquisition of knowledge, understanding, values, skill, competence or experience;

[Definition inserted by section 1(b) of Notice No. R. 234, GG 34125, dated 15 March 2011]

 
"learning programme"
includes a learnership, an apprenticeship, a skills programme and any other prescribed learning programme which includes a structured work experience component;

[Definition inserted by section 1(b) of Notice No. R. 234, GG 34125, dated 15 March 2011]

 
"medical practitioner"

means a person entitled to practise as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act 56 of 1974);

 

"midwife"

means a person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act, 1978 (Act 50 of 1978);

 

"Minister"

means the Minister of Labour;

 

"month"

means a calendar month;

 

"ordinary hours of work"

means the hours of work permitted in terms of clause 9 or in terms of any agreement in terms of clauses 11 or 12;

 

"NQF level"

means a level of the National Technical Qualifications Framework referred to in the regulation 3 of the Regulations made under the South African Qualifications Authority Act, 1995 (Act no. 58 of 1995) published in Government Notice 18787 of 28 March 1998;

 

"overtime"

means the time that a learner works during a day or a week in excess of ordinary hours of work;

 

"public holiday"

means any day that is a public holiday in terms of the Public Holidays Act, 1994 (Act 36 of 1994);

 

"registered employers"

organisation' means an employers' organisation registered under section 96 of the Labour Relations Act, 1995;

 

"registered trade union"

means a trade union registered under section 96 of the Labour Relations Act, 1995;

 

"remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and 'remunerate' has a corresponding meaning;

 

"sector"

means an industry or a service or a part of an industry or a service;

 

"sectoral determination"

means a sectoral determination made under Chapter Eight of the Basic Conditions of Employment Act, 1997;

 

"wage"

means the amount of money paid or payable to a learner in respect of ordinary hours of work or, if they are shorter, the hours an employee ordinarily works in a day or a week;

 

"week"

in relation to a learner, means the period of seven days within which the working week of that learner ordinarily falls;

 

"work"

includes any time that the learner is required to spend in study periods or theoretical learning sessions with the training provider in terms of the learnership agreement;

 

"workplace"

means any place where learners work;