Government Gazette

Vol. 430, No. 22197, 3 April 2001

Regulation Gazette, No. 7043

No. R. 330

DEPARTMENT OF LABOUR

SKILLS DEVELOPMENT ACT 1998 (NO 97 OF 1998) REGULATIONS CONCERNING

THE REGISTRATION OF INTENDED LEARNERSHIPS AND LEARNERSHIP AGREEMENTS

The Minister of Labour, after consultation with the National Skills Authority, has made the regulations in the Schedule in terms of Section 36, read with sections 16(d) and 17 (3) and (6) of the Skills Development Act, 1998 (Act No. 97 of 1998).

M M S MDLADLANA
MINISTER OF LABOUR

SCHEDULE

CONTENTS LIST

  1. Definitions
  2. Registering Intended Learnership
  3. Registering Learnership Agreement
  4. Altering terms of Learnership Agreement
  5. Substituting party to Learnership Agreement
  6. Terminating Learnership Agreement
  7. Making of decisions by SETA
  8. Keeping of records
  9. Referring of dispute
  10. Short title

Annexure A: Learnership Registration Form
Annexure B: Learnership Agreement

Definitions

  1. In this Schedule any word or expression to which a meaning has been assigned in the Act shall have the meaning so assigned, unless the context indicates otherwise -

  1. "submit" means to deliver by hand or registered post or to transmit a communication by electronic mechanism as a result of which the recipient is capable of printing the communication

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

Registering intended learnership

  1. (1) A SETA applying to register an intended learnership, in terms of Section 16 of the Act, must complete the registration form set out in Annexure A.

(2) The completed registration form referred to in sub-regulation (1) must be submitted to the Director-General at one of the following addresses

  1. when posted, be addressed to:

The Director-General: Department of Labour
Private Bag X117
Pretoria
0001; or

  1. when delivered by hand, be delivered to:

The Director-General: Department of Labour
215 Schoeman Street
Pretoria

(3) Upon registration of a learnership, the Director-General must -

  1. issue a certificate of registration to the SETA; and
  2. allocate and issue a learnership code.

(4) A SETA may apply in writing to the Director-General to amend the registered learnership.

(5) If the registered learnership is amended, the Director-General must amend the relevant certificate of registration accordingly or issue a new certificate of registration.

Registering Learnership Agreement
  1. (1) A learnership agreement must be in the form set out in Annexure B.

(2) A SETA may require the parties to a learnership agreement to submit relevant information in addition to that required in terms of subregulation (1).

(3) A SETA may register a learnership agreement in terms of section 17(3) of the Act if -

  1. the Director-General has registered the learnership;

  2. a completed learnership agreement form referred to in sub-regulation (1) has been submitted to the SETA in duplicate;

  3. all parties to the agreement have signed the agreement and, if the learner is a minor1, the learner's parent or guardian has signed the agreement on behalf of the learner;
  4. the employer party to the learnership agreement falls within the scope of coverage of the SETA;
  5. the terms of the agreement comply with the Act and any other applicable law; and
  6. the learnership agreement was concluded before the start of the learnership.
  1. A SETA may only register a learnership agreement to which a group of employers is party if -
  1. one of the employers is identified in the agreement as the lead employer; and
  2. the lead employer undertakes to ensure compliance with the employer's duties in terms of the agreement.
  1. A SETA may only register a learnership agreement to which a group of training providers is party if -
  1. one of the training providers is identified in the agreement as the lead training provider; and
  2. the lead training provider undertakes to ensure compliance with the training provider' duties in terms of the agreement.
  1. Within 30 days of receiving the learnership agreement, the SETA must decide -
  1. whether or not to register the learnership agreement;
  2. in respect of every learnership agreement that is registered, whether or not to pay a grant -
  1. towards the costs of the learnership;
  2. towards the allowance to be paid to a learner who was not in the employment of the employer at the time the learnership agreement was concluded.

  1. A SETA must advise the employer of the amount of any grant that it will pay in terms of sub-regulation 6(b).

  2. If a SETA decides not to register the learnership agreement, the SETA must notify the parties to the agreement accordingly in writing, providing reasons thereof.

  3. A SETA must record the name and the date of registration of each learnership agreement that it registers and forthwith send a copy to each of the parties to the agreement at the addresses stated in the agreement.

Altering terms of Learnership Agreement

  1. (1) The parties to a learnership agreement registered with the relevant SETA may, subject to the SETA's approval, alter the terms of the said agreement.

(2) A SETA may only register an alteration referred to in sub-regulation (1), if a copy of the learnership agreement, together with the alterations to the said agreement, signed by all the parties thereto, is submitted to the SETA.

Substituting a party to a Learnership Agreement

  1. (1) A SETA may approve the substitution of the employer or the training provider party to a learnership agreement in terms of section 17(5) of the Act if a written application, accompanied by an agreement setting out the terms of the substitution, is submitted to the SETA.

(2) The parties to a learnership agreement may, with the approval of the SETA, substitute a new learnership agreement for a learnership agreement that the SETA has already registered.

Terminating Learnership Agreement
  1. (1) A SETA may approve the termination of a learnership agreement in terms of section 17(4)(b) of the Act if -
  1. the employer and learner have agreed in writing to terminate the agreement;
  2. the employer or employee has requested, on good cause, to terminate the agreement and the other parties to the learnership agreement have had the opportunity to make representations as to why the agreement should not be terminated;
  3. the employee has terminated the contract of employment with the employer; or
  4. the training provider has requested on good cause to terminate the agreement and
  1. the other parties to the agreement have had the opportunity to make representations; and
  2. the SETA and the employer have been unable to arrange for a new training provider to be substituted for the old training provider in accordance with regulation 5 (1).

(2) An application to terminate a learnership agreement in terms of subregulation (1) must be submitted to the SETA in writing together with -

  1. a copy of the relevant learnership agreement;
  2. in the case of sub-paragraph (a), a written agreement signed by the employer and the learner setting out the reasons for the termination.

Making of decisions by SETA
  1. A SETA must make any decision required in terms of these regulations within 30 working days of receiving the relevant documents.

Keeping of Records
  1. (1) Every SETA must keep an updated record of
  1. all learnership agreements registered by the SETA, including the title and code of the learnerships;
  2. all grants paid by the SETA in respect of learnerships;
  3. all alterations to the terms of learnership agreements referred to in paragraph 4(a);
  4. all learnership agreements successfully concluded, including the title and code of the learnerships;
  5. all learnership agreements that the SETA did not register and the reasons for not registering the agreements; and
  6. all learnership agreements terminated in terms of regulation 6, including the reasons for termination.

(2) Records referred to in sub-regulation (1) may be kept in any form, provided that at least one set of the records is kept in hard copy.

Referring of dispute
  1. (1) A party referring a dispute in terms of section 19(2) of the Act must submit a completed Form 7.11 published in terms of the Labour Relations Act 66 of 1995 to the Commission for Conciliation, Mediation and Arbitration.

(2) The relevant provisions of Parts C and D of Chapter VII of the Labour Relations Act 66 of 1995, read with the changes required by the context, apply in respect of a dispute in terms of section 19 of the Act.

Short Title
  1. These regulations are to be known as the Learnership Regulations, 2001.

Annexure B

SETA Logo

LEARNERSHIP AGREEMENT

DoL Logo

PART A: TERMS AND CONDITIONS OF AGREEMENT

  1. Declaration of parties

We understand that this Agreement is legally binding. We understand that it is an offence in terms of the Skills Development Act 97 of 1998 ('the Act') to provide false or misleading information in this Agreement. We agree to the following rights and duties.

  1. Rights of learners, employers and registered training providers

2.1 Learner

The learner has the right to:

2.1.1 be educated and trained in terms of this Agreement;

2.1.2 have access to the required resources to receive training in terms of the learnership;

2.1.3 have his or her performance in training assessed and have access to the assessment results;

2.1.4 receive a certificate upon successful completion of the learning;

2.1.5 raise grievances in writing with the SETA concerning any shortcomings in the training.

2.2 Employer

The employer has the right to require the learner to:

2.2.1 perform duties in terms of this Agreement; and

2.2.2 comply with the rules and regulations concerning the employer's business concern.

2.3 Training provider

2.3.1 The registered training provider has the right of access to the learner's books, learning material and workplace, if required.

  1. Duties of learners, employers and registered training providers

3.1 Learner

The learner must:

3.1.1 work for the employer as part of the learning process;

3.1.2 be available for and participate in all learning and work experience required by the learnership;

3.1.3 comply with workplace policies and procedures;

3.1.4 complete any timesheets or any written assessment tools supplied by the employer to record relevant workplace experience; and

3.1.5 attend all study periods and theoretical learning sessions with the training provider and undertake all learning conscientiously.

3.2 Employer

3.2.1 The employer must comply with its duties in terms of the Act and all applicable legislation including:

  • Basic Conditions of Employment Act (No. 75 of 1997);
  • any applicable determination made in terms of section 18(3) of the Act;
  • Labour Relations Act (No. 66 of 1995);
  • Employment Equity Act (No. 55 of 1998);
  • Occupational Health and Safety Act (No. 85 of 1993) or Mine Health and Safety Act (No. 27 of 1996);
  • Compensation for Occupational Injuries and Diseases Act (No. 130 of 1993);

3.2.2 Provide the learner with appropriate training in the work environment to achieve the relevant outcomes required by the learnership;

3.2.3 Provide appropriate facilities to train the learner in accordance with the workplace component of learning;

3.2.4 Provide the learner with adequate supervision at work;

3.2.5 Release the learner during normal working hours to attend off-the-job education and training required by the learnership;

3.2.6 Pay the learner the agreed learning allowance both while the learner is working for the employer and while the learner is attending approved off-the-job training;

3.2.7 Conduct on-the-job assessment, or cause it to be conducted;

3.2.8 Keep up to date records of learning and periodically discuss progress with the learner;

3.2.9 If the learner was not in the employment of the employer at the time of concluding this Agreement, advise the learner of -

  1. the terms and conditions of his or her employment, including the learning allowance; and
  2. workplace policies and procedures.

3.2.10 Apply the same disciplinary, grievance and dispute resolution procedures to the learner as to other employees.

3.3 Training provider

The training provider must:

3.3.1 Provide education and training in terms of the learnership;

3.3.2 Provide the learner support as required by the learnership;

3.3.3 Record, monitor and retain details of training provided to the learner in terms of the learnership;

3.3.4 Conduct off-the-job assessment in terms of the learnership, or cause it to be conducted; and

3.3.5 Provide reports to the employer on the learner's performance.

  1. Termination of Agreement

This leamership agreement terminates:

4.1 on the termination date stipulated in Part B of this Agreement; or

4.2 on an earlier date if:

4.2.1 the learner successfully completes the learnership;

4.2.2 the learner is fairly dismissed by the employer for a reason related to the learner's conduct or capacity as an employee;

4.2.3 the employer and learner agree to terminate the Agreement; or

4.2.4 the SETA approves a written application to terminate the Agreement by the learner or, if good cause is shown, by the employer.

  1. Disputes

If there is a dispute concerning any of the following matters, it may be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA):

5.1 the interpretation or application of any provision of this Agreement, the learner's contract of employment or a sectoral determination made in terms of section 18(3) of the Act;

5.2 Chapter 4 of the Act;

5.3 the termination of this Agreement or the learner's contract of employment.

1 A minor is an unmarried person who is under 21 years of age. The High Court may declare a person who is over 18 years of age to have attained majority.