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

Sectoral Determinations

Sectoral Determination No 5: Learnerships

15. Pay for work on Sunday

 

(1) An employer must pay a learner who works on a Sunday at double the learner's allowance for each hour worked, unless the learner ordinarily works on a Sunday, in which case the employer must pay the learner at one and one-half times the learner's allowance for each hour worked.

 

(2) If a learner works less than the learner's ordinary shift on a Sunday and the payment that the learner is entitled to in terms of subclause (1) is less than the learner's ordinary daily allowance, the employer must pay the learner the learner's daily allowance.

 

(3) Despite subclauses (1) and (2), an agreement may permit an employer to grant a learner who works on a Sunday paid time off equivalent to the difference in value between the pay received by the learner for working on the Sunday and the pay that the learner is entitled to in terms of subclauses (1) and (2).

 

(4) Any time worked on a Sunday by a learner who does not ordinarily work on a Sunday is not taken into account in calculating a learner's ordinary hours of work in terms of clause 9(1) and (2), but is taken into account in calculating the overtime worked by the learner in terms of clause 10(1)(b).

 

(5) If a shift worked by a learner falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day.

 

(6)        

(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.