Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships20. Pay for annual leave |
| (1) | An employer must pay a learner leave pay at least equivalent to the remuneration that the learner would have received for working for a period equal to the period of annual leave, calculated at the learner's rate of remuneration immediately before the beginning of the period of leave. |
| (2) | For the purposes of calculating a learner's leave pay, a learner's remuneration: |
| (a) | includes the cash value of any payment in kind that forms part of the learner's remuneration unless the learner receives that payment in kind during the period of leave; but |
| (b) | excludes— |
| (i) | gratuities; |
| (ii) | allowances paid to a learner for the purposes of enabling a learner to work; and |
| (iii) | any discretionary payments not related to the learner's hours of work or work performance. |
| (3) | An employer must pay a learner leave pay: |
| (a) | before the beginning of the period of leave; or |
| (b) | by agreement, on the learner's usual pay day. |