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Marius Scheepers & Company Attorneys |
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Regulation concerning
the Registration of Leadership Agreements (updated 01/03) REGULATIONS CONCERNING THE REGISTRATION OF INTENDED
LEARNERSHIPS AND LEARNERSHIP AGREEMENTS promulgated in Government Notice R330
in Government Gazette 22197 of 3 April 2001 SKILLS
DEVELOPMENT ACT 97 OF 1998
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 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 1 Definitions 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- “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 “the Act” means
the Skills Development Act, 1998 (Act 97 of 1998). 2 Registering intended learnership (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 subregulation (1)
must be submitted to the Director-General at one of the following addresses: (a) when posted, be addressed to:
The Director-General: Department of Labour Private Bag X117 Pretoria 0001;
or (b) 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- (i) issue a certificate of registration to the SETA; and (ii) 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. 3 Registering Learnership Agreement (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
sub-regulation (1). (3) A SETA may register a learnership agreement in terms of section 17
(3) of the Act if - (a) the Director-General has registered the
learnership; (b) a completed learnership agreement form
referred to in sub-regulation (1) has been submitted to the SETA in
duplicate; (c) all parties to the agreement have signed the
agreement and, if the learner is a minor, the learner’s parent or guardian has signed the agreement on
behalf of the learner; (d) the employer party to the learnership
agreement falls within the scope of coverage of the SETA; (e) the terms of the agreement comply with the
Act and any other applicable law; and (f) the learnership agreement was concluded
before the start of the learnership. (4) A SETA may only register a learnership agreement to which a group
of employers is party if - (a) one of the employers is identified in the
agreement as the lead employer; and (b) the lead employer undertakes to ensure
compliance with the employer’s duties in terms of the agreement. (5) A SETA may only register a learnership agreement to which a group
of training providers is party if - (a) one of the training providers is identified
in the agreement as the lead training provider; and (b) the lead training provider undertakes to
ensure compliance with the training providers’ duties in terms of the
agreement. (6) Within 30 days of receiving the learnership agreement, the SETA
must decide- (a) whether or not to register the learnership
agreement; (b) in respect of every learnership agreement
that is registered, whether or not to pay a grant- (i) towards the costs of the learnership; (ii) 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. (7) A SETA must advise the employer of the amount of any grant that it
will pay in terms of sub-regulation 6 (b). (8) 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. (9) 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. 4 Altering terms of Learnership Agreement (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
subregulation (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. 5 Substituting a party to a Learnership Agreement (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. 6 Terminating Learnership Agreement (1) A SETA may approve the termination of a learnership agreement in
terms of section 17 (4) (b) of the Act if- (a) the employer and learner have agreed in
writing to terminate the agreement; (b) 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; (c) the employee has terminated the contract of
employment with the employer; or (d) the training provider has requested on good
cause to terminate the agreement and (i) the other parties to the agreement have had
the opportunity to make representations; and (ii) 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- (a) a copy of the relevant learnership agreement; (b) in the case of subparagraph (a), a written
agreement signed by the employer and the learner setting out the reasons for
the termination. 7 Making of decisions by SETA A SETA must make
any decision required in terms of these regulations within 30 working days of
receiving the relevant documents. 8 Keeping of Records (1) Every SETA must keep an updated record of- (a) all learnership agreements registered by the
SETA, including the title and code of the learnerships; (b) all grants paid by the SETA in respect of
learnerships; (c) all alterations to the terms of learnership
agreements referred to in paragraph 4 (a); (d) all learnership agreements successfully
concluded, including the title and code of the learnerships; (e) all learnership agreements that the SETA did
not register and the reasons for not registering the agreements; and (f) all learnership agreements terminated in
terms of regulation 6, including the reasons for termination. (2) Records referred to in subregulation (1) may be kept in any form,
provided that at least one set of the records is kept in hard copy. 9 Referring of dispute (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. 10 Short Title These regulations
are to be known as the Learnership Regulations, 2001. Annexure A SETA Logo LEARNERSHIP REGISTRATION FORM DoL Logo Documents to accompany
this application form: • A letter of registration from SAQA, if the qualification
has been registered on the NQF. • A letter of receipt from SAQA, if the qualification has
been submitted for registration. • Professional licence or registration requirements over
and above the achievement of the specified learnership qualification must be
provided where required. • Employment Conditions Commission determination on wages
to be paid to learners. Learnership Code:
______________________ (To be completed by the Department
of Labour) 1. Information pertaining to the SETA 1.1 Name of SETA: 1.2 Name of Chambers (if applicable): 1.3 Name of SETA official responsible for learnerships: 1.4 SETA's telephone number: 1.5 SETA's fax number: 1.6 SETA's postal address: __________________________________________________________ __________________________________________________________ 1.7 SETA's e mail address: 2. Learnership information 2.1 Title of the Learnership Qualification: 2.2 NQF field: 2.3 NQF sub-field: 2.4 NQF level: 2.5 Number of credits to be earned: 2.6 Date of registration of the qualification on the NQF (if
registered) and code and number of the qualification: 2.7 Date of registration to SAQA for registration of the qualification
(if not registered): 2.8 Name of ETQA responsible for quality assuring the
qualification: 3. Learnership identification 3.1 How did the SETA identify the need for this learnership? (tick the box) SETA sector skills plan Skills plans from "adjacent" SETAs Generally available research (specify) SETA commissioned research Workplace skills plans Other (specify) 3.2. What were the key features in the plans,
or findings in the research? Please draft a summary of the plans or research. 4. Qualification and Unit Standards Title Code NQF Level Credit
value Percentage of assessment at: Workplace Provider Training Provider Details of Qualification Details of unit standards Fundamental Learning Core Learning Elective learning 5. Credits Total credits to be earned through: Show credits as a % of the total credits of
the qualification Workplace assessment % Structured learning % Specify the nature and duration
of work experience required for each credit that is to be assessed at the
workplace Nature (Tasks/Functions) Time (in notional hours) 6. Grant to the employer Specify and explain the amount the SETA grants for the
implementation of the learnership, per NQF level, having regard to such
factors as training costs, market demand, the employment status of learners
(i.e. section 18(1) or 18(2) learners) and equity targets. Specify if any
other factors have been taken into account in determining the level of
subsidy. 7. Grant towards learner allowances Specify the amount the SETA allocates to subsidise the
learner allowances for learners who were not employed by the employer when
the agreement was concluded, as provided for in section 18(2) of the Act. Credits earned 0-120 121-240 241-360 361-480 Learner Allowance 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. 2. 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. 3. 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 (Act 75 of 1997); • any
applicable determination made in terms of section 18 (3) of the Act; • Labour
Relations Act (Act 66 of 1995); • Employment
Equity Act (Act 55 of 1998); • Occupational
Health and Safety Act (Act 85 of 1993) or Mine Health and Safety Act (Act 27
of 1996); • Compensation
for Occupational Injuries and Diseases Act (Act 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
- (a) the
terms and conditions of his or her employment, including the learning
allowance; and (b) 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. 4. Termination of Agreement This learnership 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. 5. 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. PART B: DETAILS OF THE
LEARNERSHIP AND THE PARTIES TO THIS AGREEMENT Please take note of the
following: ·
If the learner is not already in
the employ of the employer, the learner and employer must conclude a contract
of employment.
1. Learnership details 1.1 Name of learnership: ________________________________________________________ 1.2 Department of Labour registration number of learnership: ________________________________________________________ 1.3 Commencement date of learnership agreement: ________________________________________________________ 1.4 Termination date of learnership agreement: ________________________________________________________ 2. Learner details 2.1 Full name: ________________________________________________________ 2.2 Identity number: ________________________________________________________ 2.3 Date of birth ________________________________________________________ 2.4 Sex: Male Female 2.5 Race: African Indian Coloured White Other (specify):
_______________________________________ 2.6 Do you have a disability, as contemplated by the Employment
Equity Act 55 of 1998? * Yes (specify): _______________________ No 2.7 Home address: ________________________________________________________ ________________________________________________________ ________________________________________________________ 2.8 Postal address (if different from above): ________________________________________________________ ________________________________________________________ ________________________________________________________ 2.9 E-mail address: ________________________________________________________ 2.10 What language/s do you speak at home? ________________________________________________________ 2.11 Are you a South African citizen? Yes No (specify and
attach documents indicating your status, for example:
permanent residence, study permit, etc): _____________________________________ 2.12 Highest level qualification: (for example: Standard 7,
Grade 10, ABET Level 3) _______________________________________________ 2.13 What is the title of your highest
qualification? _______________________________________________ 2.14 Have you previously undertaken a
learnership? Yes (specify title and code) ________________ No 2.15 Were you employed by your employer before
concluding this Agreement? Yes No 2.16 If you were unemployed before concluding
this Agreement, state for how long: ________________________________________________________ 2.17 If you are employed, when did you start
work with your employer? ________________________________________________________ 3. Parent or Guardian details (To be completed if learner is a minor - i.e. an
unmarried person under 21 years) 3.1 Full name: ________________________________________________________ 3.2 Identity number: ________________________________________________________ 3.3 Home address: ________________________________________________________ ________________________________________________________ ________________________________________________________ 3.4 Postal address (if different from above): ________________________________________________________ ________________________________________________________ ________________________________________________________ 3.5 Telephone number (home and work): ________________________________________________________ 3.6 E-mail address: ________________________________________________________ 4. Employer details 4.1 Legal name of employer: ________________________________________________________ 4.2 Trading name (if different from above): ________________________________________________________ 4.3 Are you acting as Lead Employer? Yes No 4.4 Business address: ________________________________________________________ ________________________________________________________ ________________________________________________________ 4.5 Postal address (if different from 4.4): ________________________________________________________ ________________________________________________________ ________________________________________________________ 4.6 Name of contact person: ________________________________________________________ 4.7 Telephone No: ________________________________________________________ 4.8 Fax No: ________________________________________________________ 4.9 E-mail address: ________________________________________________________ 4.10 Registration numbers and codes: SIC: SARS: SETA: _________ _________ ________ 5. Training Provider details 5.1 Legal name of Training Provider: ________________________________________________________ 5.2 Trading name (if different from above): ________________________________________________________ 5.3 Are you acting as Lead Training Provider? Yes No 5.4 Business address: ________________________________________________________ ________________________________________________________ ________________________________________________________ 5.5 Postal address (if different from 5.4): ________________________________________________________ ________________________________________________________ ________________________________________________________ 5.6 Name of contact person: ________________________________________________________ 5.7 Telephone No: ________________________________________________________ 5.8 Fax No: ________________________________________________________ 5.9 E-mail address: ________________________________________________________ 5.10 Registration numbers or codes: SIC: SARS: SETA: SAQA: ________ ________ ________ ________ 6. Terms and conditions of employment: 6.1 Are the learner's terms of employment determined by a
document of general application (for example section 18 (3) determination,
sectoral determination, bargaining council agreement, collective agreement.) Yes (specify): ____________________ No 6.2 Attach a copy of a document reflecting the learner's
conditions of employment for learners who were not employed by the employer
when the agreement was concluded as contemplated by section 18(2) of the Act.
(for example: contract of employment, written particulars of employment.) Learner’s signature Parent or Guardian’s signature (Only if the learner is a minor) __________________________________ __________________________________ Date:
_____________________________ Date:
_____________________________ Witness signature: Witness signature: __________________________________ __________________________________ Date:
_____________________________ Date:
_____________________________ Employer or Lead
Employer’s signature Training
Provider or Lead Training Provider’s signature __________________________________ __________________________________ Date:
_____________________________ Date:
_____________________________ Witness signature: Witness signature: __________________________________ __________________________________ Date:
_____________________________ Date:
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