A lot of people aren’t aware that learnerships in SA must pay learners a legally-mandated minimum wage as part of their learnership. In this article we’ll discuss the laws that apply and what you can do if you find yourself in a situation where you’re not getting paid what’s owed to you.
First things first, it’s important to know the difference between an internship and a learnership, because the same laws don’t apply to both. An internship has no legal requirements – there are no strict rules on how long the internship will last or what you will do while you’re doing your internship. Internships can be paid or unpaid, and are sometimes necessary as part of your degree or diploma. You can – and should – still negotiate with the employer for some kind of payment, but if they refuse, then you cannot force them to pay you.
A learnership is different, as it has to comply with Section 2 of the National Minimum Wage Act 9 of 2018 (NMWA), which came into effect on 1 January 2019. It is structured, formal training that includes both theory and practical training, and leads to a registered qualification. When you complete the programme, you receive a certificate indicating your level of achievement and this is registered on the National Qualification Framework (NQF). The NQF qualification is nationally recognised and will enable you to look for a job or further your education in that specific field.
Importantly though, every learner is entitled to get a wage. The NMWA has minimum wages that the company must pay. According to the Act, no company is allowed to ignore these minimum wages, regardless of any collective agreement, sectoral determination or clause they work into the employment contract.
So what can you do if, as a learner at a learnership, you don’t get paid your stipend? You can lodge a complaint with the Department of Labour. The complaint will be investigated and the employer will be contacted by the inspector. In the event that they find you are owed money, the inspector will issue the employer with an instruction to pay by a certain date. If the employer still fails to adhere to the inspector’s instruction, the inspector will advise the employee on what further action he/she can take.
Tips:
- Learnerships and internships are not the same, different rules apply.
- Non-payment of learnership wages can be reported to the Department of Labour.
If you have a query, follow us on our Facebook page and ask your question during our next Live Q&A (the second Thursday in January).
* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.