Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships12. Averaging of hours of work |
| (1) | Despite clauses 9(1) and (2) and 10(1)(b), the ordinary hours of work and overtime of a learner may be averaged over a period of up to four months in terms of a collective agreement. |
| (2) | An employer may not require or permit a learner who is bound by a collective agreement in terms of subclause (1) to work more than: |
| (a) | an average of 45 ordinary hours of work in a week over the agreed period; |
| (b) | an average of five hours' overtime in a week over the agreed period; |
| (c) | twelve hours in a day, inclusive of the meal intervals required in terms of clause 13. |
| (3) | A collective agreement in terms of subclause (1) lapses after 12 months. |
| (4) | Subclause (3) only applies to the first two collective agreements concluded in terms of subclause (1). |