Sectoral Determination No 5 : Learnerships
1. Definitions

 

 

In this Act, unless the context indicates otherwise -

 

Act

means the Skills Development Act, 1998 (Act No 97 of 1998)

 

agreement

includes a collective agreement

 

allowance

means the amount of money paid or payable to a learner in respect of ordinary hours of work or, if they are shorter, the hours a learner normally works in a day or week

 

bargaining council

means a bargaining council registered in terms of the Labour Relations Act, 1995, and, in relation to the public service, includes the bargaining councils referred to in section 35 of that Act

 

CCMA

means the Commission for Conciliation, Mediation and Arbitration established in terms of section 112 of the Labour Relations Act, 1995

 

collective agreement

means a written agreement concerning terms and conditions of employment or any other matter of mutual interest concluded by one or more registered trade unions, on the one hand and, on the other hand -

 

a)        one or more employers;

b)        one or more registered employers' organisations; or

c)        one or more employers and one or more registered employers’ organisation;

 

and includes a collective agreement concluded in a bargaining council and binding in terms of either section 31 or 32 of the Labour Relations Act, 1995

 

credit

means a credit as defined in the Regulations made under the South African Qualifications Authority Act, 1995 (Act 58 of 1995) published in Government Notice 18787 of 28 March 1998

 

dispute

includes an alleged dispute

 

Labour Relations Act, 1995

means the Labour Relations Act, 1995 (Act 66 of 1995)

 

medical practitioner

means a person entitled to practise as a medical practitioner in terms of section 17 of the Medical, Dental and Supplementary Health Service Professions Act, 1974 (Act 56 of 1974)

 

midwife

means a person registered or enrolled to practise as a midwife in terms of section 16 of the Nursing Act, 1978 (Act 50 of 1978)

 

Minister

means the Minister of Labour

 

month

means a calendar month

 

ordinary hours of work

means the hours of work permitted in terms of clause 9 or in terms of any agreement in terms of clauses 11 or 12

 

NQF level

means a level of the National Technical Qualifications Framework referred to in the regulation 3 of the Regulations made under the South African Qualifications Authority Act, 1995 (Act no. 58 of 1995) published in Government Notice 18787 of 28 March 1998

 

overtime

means the time that a learner works during a day or a week in excess of ordinary hours of work

 

public holiday

means any day that is a public holiday in terms of the Public Holidays Act, 1994 (Act 36 of 1994)

 

registered employers

organisation' means an employers' organisation registered under section 96 of the Labour Relations Act, 1995

 

registered trade union

means a trade union registered under section 96 of the Labour Relations Act, 1995

 

remuneration

means any payment in money or in kind, or both in money and in kind, made or owing to any person in return for that person working for any other person, including the State, and 'remunerate' has a corresponding meaning

 

sector

means an industry or a service or a part of an industry or a service

 

sectoral determination

means a sectoral determination made under Chapter Eight of the Basic Conditions of Employment Act, 1997

 

wage

means the amount of money paid or payable to a learner in respect of ordinary hours of work or, if they are shorter, the hours an employee ordinarily works in a day or a week

 

week

in relation to a learner, means the period of seven days within which the working week of that learner ordinarily falls

 

work

includes any time that the learner is required to spend in study periods or theoretical learning sessions with the training provider in terms of the learnership agreement

 

workplace

means any place where learners work