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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

Bargaining Council for the Building Industry, Cape of Good Hope

Extension to Non-parties of the Main Consolidated Collective Agreement

Chapter Three: Categories of Employment

16. Learner / Apprenticeship

 

(1) A Learner/Apprentice is a registered employer or an employers' organisation acting in terms of a group scheme may employ a person as a Learnership/Apprentice under a contract of Learner/Apprenticeship in accordance with the Skills Development Act, 1998 as amended, and the Council shall register such person as a Learner/Apprentice subject to the following terms and conditions:
(a) The person has been registered as a Learner/Apprentice by the Construction Education Training Authority (CETA).
(b) The Learner/Apprentice shall be entitled to perform work in a designated trade only once the Council has received from the CETA a valid certificate of registration for the Learner/Apprentice in respect of such trade.
(c) For purposes of his Learner/Apprenticeship, the Learner/Apprentice shall be entitled to undergo training with his employer or under the auspices of any accredited training institution.
(d) Upon successful completion by the Learner/Apprentice of the necessary group of credits in respect of a course of training as provided for by the Quality Council for Trades and Occupations (QCTO), the Council shall register the Learner/Apprentice in the appropriate tradesman category.
(e) A Learner/Apprentice shall be entitled to the payment of wages in accordance with the wage prescribed in terms of clause 18 in respect of the category of tradesman in which he is registered from time to time.

 

(2) An Apprentice in a specified category shall be registered as follows:
(a) As an Apprentice (1st year), where he has completed less than 55 percent of the credits of the prescribed course;
(b) As an Apprentice (2nd year), where he has completed 55 to 74 percent of the credits of the prescribed course; and
(c) As an Apprentice (3rd year), where he has completed 75 to 99 percent of the credits of the prescribed course.

 

(3) Employers and trade unions shall endeavour to ensure that Learner/Apprentices complete their training within the specified time.

 

(4) Subject to the employee agreeing, any person who has been employed within or outside the registered scope of the Council as a skilled worker, other than an artisan qualified in terms of clause 17, shall be required to undergo a prior learning assessment with an accredited training provider in order to determine the unit standards in which he is competent and in respect of which he should be credited with and, pursuant thereto, shall be registered as a Learner/Apprentice in a particular category, as follows:

 

Proficiency Level

Class

Below 55 percent

(1) Learner / Apprentice

 

(2) Year 1 / Tradesman

 

(3) Class 4

 

55-74 percent

(1) Learner / Apprentice

 

(2) Year 2 / Tradesman

 

(3) Class 3

 

75-99 percent

(1) Learner / Apprentice

 

(2) Year 3 / Tradesman

 

(3) Class 2

 

Completed all credits

Artisan