Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)Sectoral DeterminationsSectoral Determination No 5: Learnerships27. Contract of employment |
| (1) | A contract of employment concluded between an employer and a learner in terms of section 18(2) of the Act must: |
| (a) | be in writing and be signed by the employer and the learner; |
| (b) | be concluded when the learner commences employment; and |
| (c) | to the extent appropriate, contain the following particulars— |
| (i) | the full name and address of the employer; |
| (ii) | the name of the learner and the learnership; |
| (iii) | the place of work, and, where the learner is required or permitted to work at various places, an indication of this; |
| (iv) | the date on which the employment began; |
| (v) | the learner's ordinary hours of work and days of work,including the time that the learner is required to spend in study periods or theoretical learning sessions with the training provider; |
| (vi) | the learner's allowance or the rate and method of calculating the allowance; |
| (vii) | the rate of pay for overtime work; |
| (viii) | any other cash payments that the learner is entitled to; |
| (ix) | any payment in kind that the learner is entitled to and the value of the payment in kind; |
| (x) | how frequently remuneration will be paid; |
| (xi) | any deductions to be made from the learner's remuneration; |
| (xii) | the leave to which the learner is entitled; |
| (xiii) | the date when employment is to terminate; |
| (xiv) | a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the learner where a copy of each may be obtained. |
| (2) | The leaner must be supplied with a copy of the contract of employment. |
| (3) | When any matter listed in subclause (1) changes: |
| (a) | the contract of employment must be revised to reflect the change; |
| (b) | the employer and the learner must initial the change; and |
| (c) | the learner must be supplied with a copy of the contract reflecting the change. |
| (4) | If a learner is not able to understand the written contract, the employer must ensure that it is explained to the learner in a language and in a manner that the learner understands. |
| (5) | A contract of employment in terms of this clause must be kept by the employer for a period of three years after the termination of the learnership. |