DEPARTMENT OF LABOUR
SKILLS DEVELOPMENT ACT 1998 (NO 97 OF 1998)
THE REGISTRATION OF INTENDED LEARNERSHIPS AND
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
|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|
|Annexure A: Learnership Registration Form|
|Annexure B: Learnership Agreement|
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 –
“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 No 97 of 1998).
Registering intended learnership
2.(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 –
(a) when posted, be addressed to:
The Director-General: Department of Labour
Private Bag X117
(b) when delivered by hand, be delivered to:
The Director-General: Department of Labour
215 Schoeman Street
(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.
Registering Learnership Agreement
3.(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 provider’ 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.
Altering terms of Learnership Agreement
4.(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) 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
6.(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 sub-regulation (1) must be submitted to the SETA in writing together with –
(a) a copy of the relevant learnership agreement;
(b) 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
7. A SETA must make any decision required in terms of these regulations within 30 working days of receiving the relevant documents.
Keeping of Records
8.(1) Every SETA must keep an updated record of –
all learnership agreements registered by the SETA, including the title and code of the learnerships;
all grants paid by the SETA in respect of learnerships;
all alterations to the terms of learnership agreements referred to in paragraph 4(a);
all learnership agreements successfully concluded, including the title and code of the learnerships;
all learnership agreements that the SETA did not register and the reasons for not registering the agreements; and
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
9. (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. These regulations are to be known as the Learnership Regulations, 2001.