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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

13. Meal intervals

 

(1) An employer must give a learner who works continuously for more than five hours a meal interval of at least one continuous hour.

 

(2) During a meal interval the learner may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another learner.

 

(3) A learner must be remunerated:
(a) for a meal interval in which the learner is required to work or is required to be available for work; and
(b) for any portion of a meal interval that is in excess of 75 minutes, unless the learner lives on the premises at which the workplace is situated.

 

(4) For the purposes of this clause, work is continuous unless it is interrupted by an interval of at least 60 minutes.

 

(5) An agreement in writing may:
(a) reduce the meal interval to not less than 30 minutes;
(b) dispense with a meal interval for a learner who works fewer than six hours on a day.