Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships10. 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. |
| (4) |
| (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. |