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Skills Development Act, 1998 (Act No. 97 of 1998)

Regulations

SETA Work-Based Learning Programme Agreement Regulations, 2018

Annexures

Annexure A : Workplace Based Learning Programme Agreement Annexure

 

N1241 Annex A

 

PART A: INTERPRETATION

 

In this Agreement, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Skills Development Act,  1998 (Act 97 of 1998) ('the Act') or the SETA Workplace Based Learning Programme Agreement Regulations , 2018 ('these regulations') shall have the meaning so assigned.

 

 

PART B: DEFINITIONS

 

 

For purposes of workplace based learning programme agreements only:

 

"apprenticeship"

means a period of workplace based learning culminating in an occupational qualification for a listed trade.

 

"candidacy"

means a period of workplace based learning undertaken by a graduate as part of the requirement for registration as a professional in the required professional designation as stipulated by a professional body.

 

"internship for the "N" Diploma"

means a period of workplace based learning undertaken as part of the requirement for the "N" Diploma.

 

"learnership"

means a period of workplace based learning culminating in an occupational qualification or part qualification.

 

"student internship: Category A"

means a period of workplace based learning undertaken as part of the requirement for the Diploma, National Diploma, Higher Certificate or Advanced Certificate as a vocational qualification stipulated in the Higher Education Qualifications Sub-Framework (HEQSF).

 

"student internship: Category B"

means a period of workplace based learning undertaken as part of the requirement  for a professional qualification.

 

"graduate internship"

means a period of workplace based learning for the purposes allowing a person who has completed a post-school qualification to gain workplace experience or exposure to enhance competence and/or employability. This may include academic staff with existing qualifications that need industrial exposure or experience.

 

"student internship''

means a period of workplace based learning for a person who is enrolled at an education and training institution for a SAQA registered qualification and may include vacation work.

 

 

PART C: TERMS AND CONDITIONS OF AGREEMENT

 

1. Declaration of the parties

 

We understand that this agreement is legally binding.

 

We understand  that  it is an offence in terms of the Act  to provide false or misleading information in this agreement.

 

We agree to the following rights and duties.

 

2. Rights and duties of learners, employers and providers

 

2.1 Rights of the learner

 

The learner has the right to:

 

2.1.1 receive an induction to the workplace based learning programme;

 

2.1.2 be educated and trained under the workplace based learning programme;

 

2.1.3 access to the required resources for all required curriculum components of the work-based learning programme;

 

2.1.4 be assessed internally as specified and have access to the assessment results of the workplace based learning programme;

 

2.1.5 have access to final external summative assessments as specified in the assessment specification;

 

2.1.6 if successful, be awarded a certificate of competence, by the relevant body;

 

2.1.7 in  the case of an unemployed  learner,  receive the agreed  workplace-based learning programme allowance for the duration of the learning programme; and

 

2.1.8 raise grievances in writing with the SETA concerning any shortcomings in the quality of the education and training under the workplace based learning programme.

 

2.2 Duties of the learner

 

The learner must:

 

2.2.1 carry out all related work experience activities specified in the workplace-based learning programme;

 

2.2.2 comply with the employer's workplace policies and procedures;

 

2.2.3 be available for, and participate in, all knowledge, practical skills and work experience activities required by the workplace-based  learning programme;

 

2.2.4 complete timesheets and projects, and participate in all internal assessment activities that are required for the final external summative assessment at the end of the workplace-based  learning programme; and

 

2.2.5 be available for the final external summative assessment of occupational competence on the date and place scheduled.

 

2.3 Rights of the employer

 

The employer has the right to require the learner to:

 

2.3.1 perform lawful duties in terms of this agreement; and

 

2.3.2 comply with the rules and regulations concerning the employer's workplace policies and procedures.

 

2.4 Duties of the employer

 

The employer must:

 

2.4.1 comply with all duties in terms of the Act and applicable legislation including those listed hereunder unless other legislation exists that is applicable to the employer specifically:

 

2.4.1.1 Basic Conditions of Employment Act ,1997 (Act 75 of 1997);

 

2.4.1.2 Labour Relations Act, 1995 (Act 66 of 1995);

 

2.4.1.3 Employment Equity Act, 1998 (Act 55 of 1998);

 

2.4.1.4 Occupational Health and Safety Act, 1993 (Act 85 of 1993) or Mine Health and Safety Act, 1996 (Act 27 of 1996);

 

2.4.1.5 Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993); and

 

2.4.1.6 Unemployment Insurance Act, 1996 (Act 30 of 1996;

 

2.4.2 provide the facilities and resources required for the work experience components of the workplace-based learning programme;

 

2.4.3 provide the learner with supervision and mentoring at work;

 

2.4.4 release the  learner during normal  working hours to attend off-the-job components of the workplace-based  learning programme;

 

2.4.5 complete the learner's work records;

 

2.4.6 keep up to date records of workplace learning and periodically discuss progress with the learner and the provider;

 

2.4.7 if the learner was not in the employment  of the employer at the time of concluding this agreement, the employer must:

 

2.4.7.1 enter into a contract of employment with the learner for the duration of the learning programme;

 

2.4.7.2 advise the learner of the terms and conditions of his or her employment, including the learner allowance;

 

2.4.7.3 advise the learner of the employer's workplace policies and procedures;

 

2.4.7.4 pay the learner on time the agreed learner allowance for the duration of the learning programme; and

 

2.4.7.5 apply the same disciplinary, grievance and dispute resolution procedures to the learner as to any other employee.

 

2.4.8 submit the signed teaming programme agreement to the SETA for  registration.

 

2.5 Rights of the provider

 

The provider has the right to access the learner's work experience records.

 

2.6 Duties of the provider

 

The provider must:

 

2.6.1 provide the knowledge and practical skills components specified in the work-based  learning programme;

 

2.6.2 provide the learner support as required by the workplace-based  learning programme;

 

2.6.3 record, monitor and retain details of the education and training provided to the learner in terms of the workplace-based learning programme and periodically discuss and record progress with the learner and the employer;

 

2.6.4 conduct internal assessments for the knowledge and practical skills components specified in the workplace-based  learning programme;  and

 

2.6.5 issue statements of results.

 

3. Completion or termination of this agreement

 

3.1 This workplace based learning programme agreement is completed:

 

3.1.1 on the date as stipulated in this agreement as completion date; or

 

3.1.2 on an  earlier  date  if  the  learner  has  successfully  completed  the  final external summative assessment and fulfilled all requirements associated with the specified workplace experience activities of the work-based learning   programme.

 

3.2 This workplace based learning programme agreement is terminated if:

 

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

 

3.2.2 the SETA approves the termination of the agreement in terms of the SETA Workplace-Based Learning Programme Regulations.

 

PART C : DETAILS OF THE LEARNING PROGRAMME 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;

 

• If the learner is an unmarried person under  18 years then the learner's parent or guardian must be a party to this agreement and must complete Section 2.  The parent or guardian ceases to be a party to this agreement once the learner turns 18;

 

• If a group of employers is party to this agreement, one of the employers must perform the function of a lead employer. The lead employer must perform the function of lead provider.  The lead provider must complete Section 3. Details of the other employers must be attached on a separate sheet; and

 

• If a group of providers is party to this agreement, one of them must perform the function of lead provider.  The lead provider must be accredited for the relevant curriculum components and must complete Section 4. Details of the other providers must be attached on a separate sheet.

 

 

1. Learner details

 

1.1 Full name:  ________________________________________________

 

1.2 Identity number: ___________________________________________

 

1.3 Date of birth: ______________________________________________

 

1.4 Sex:                   ¨   Male             ¨   Female

 

1.5 Race:               ¨ African             ¨   Indian
 
                  ¨ Coloured           ¨   White

 

1.6 Do you have a disability, as contemplated by the Employment Equity Act, 1998 (Act 55 of 1998)
       ¨ Yes (specify)                   ¨   No

 

1.7 Learners residential, home and birth place addresses:

 

________________________________________________________

 

________________________________________________________

 

________________________________________________________

 

1.8 Contact telephone numbers: ________________________

 

 

(As many contact numbers as possible.  One MUST be a cell number.)

 

1.9 Postal address (if different from residential):

 

_________________________________________________

 

_________________________________________________

 

_________________________________________________

 

1.10 E-mail address: ___________________________________
1.11 Are you a South African citizen?
¨ Yes           ¨   No

 

 If No, (specify and attach documents indicating your status including citizenship and/or permanent residence, study permit, etc.

 
1.12        Were you employed by  your employer before concluding this agreement?
¨ Yes           ¨   No

 

1.13 Were you party to a workplace-based learning programme agreement at any time in the past before concluding this agreement?
       ¨ Yes           ¨   No

 

2. Parent or guardian details

 

(To be completed if learner is a minor, i.e. an unmarried person under 18 years.)

 

2.1 Full name:  _______________________________________

 

2.2 Identity number:___________________________________

 

2.3 Residential address:________________________________

 

__________________________________________________
 
__________________________________________________

 

2.4 Postal address (if different from above):
 
       __________________________________________________
 
       __________________________________________________

 

2.5 Telephone number (home and work): _________________

 

2.6 E-mail address: _____________________________________

 

 

3. Employer details

 

3.1 Legal name of employer: ____________________________

 

3.2 Trading name (if different from above): _______________

 

3.3 Employer workplace approval number: ________________

 

3.4 Approving SETA:  ___________________________________

 

3.5 Approval date: _____________________________________

 

3.6 Approval review date: _______________________________

 

3.7 Are you liable for the skills development levy (SDL)?
¨ Yes           ¨   No

 

 If yes, what is your SDL number: ________________________

 

3.8 Name of SETA with which you are registered: ____________

 

3.9 What is the Standard Industrial Classification (SIC) code that applies to your core business:

 

_____________________________________________________

 

3.10 Are you acting as the lead employer?
¨ Yes           ¨   No

 

3.11 Business address: _____________________________________

 

_____________________________________________________

 

_____________________________________________________

 

3.12 Postal address (if different from 3.11): ___________________

 

 _____________________________________________________

 

 _____________________________________________________

 

3.13 Name of contact person: _______________________________

 

3.14 Telephone number: ___________________________________

 

3.15 Fax number: __________________________________________

 

3.16 Cell number: __________________________________________

 

3.17 E-mail address: ________________________________________

 

 

4. Provider details

 

4.1 Legal name of provider: _________________________________

 

4.2 Trading name (if different from above): ___________________

 

4.3 Are you acting as the lead provider?
¨ Yes           ¨   No

 

4.4 Are you liable for the Skills Development Levy (SDL)?
¨ Yes           ¨   No

 

If yes, what is your SDL number: ____________________________

 

4.5 What is the Standard Industrial Classification (SIC) code that applies to your core business:

 

_________________________________________________________

 

4.6 Accrediting Council: ________________________________________

 

4.7 Accreditation number: ______________________________________

 

4.8 Accreditation review date: ___________________________________

 

4.9 Business address: ___________________________________________

 

___________________________________________________________

 

4.10 Postal address (if different from 4.9): __________________________

 

___________________________________________________________

 

4.11 Name of contact person: _____________________________________

 

4.12 Telephone number: _________________________________________

 

4.13 Fax number: ________________________________________________

 

4.14 E-mail address: _____________________________________________

 

 

5. Contract of employment

 

5.1 Is the learner's contract of employment specific to the period of the agreement?

¨ Yes (specify): ______________________           ¨   No

 

If yes, attach a copy of the contract of employment.

 

5.2 Does the learner have a copy of the contract of employment?

¨ No (explain): ______________________           ¨   Yes

 

6. Workplace Based Learning Programme Selection:

 

Workplace Based Learning Programme Type

Place an X next to ONLY ONE Type
1. Apprenticeship

2. Learnership

3. Internship for the "N" Diploma

4. Candidacy

5. Student internship: Category A

6. Student internship: Category B

7. Student internship: Category C

8. Student internship

9. Graduate internship

SETA responsible for agreement

Qualification or part qualification title associated with agreement if applicable

Qualification or part qualification SAQA ID number associated with agreement if applicable

Curriculum registration number associated with the agreement

QCTO appointed Assessment Quality Partner (AQP) associated with the workplace-based agreement

Agreement start date (date SETA registers the agreement)

Agreement end date (subject to number of credits of qualification or part qualification or duration of curriculum)

Designation registered with SAQA if applicable

 

7. Signatories

 

Learner Full Name:__________________________ Parent or Guardian's signature

(Only if the learner is a minor)

___________________________________________

Full Name:

 

Signature:___________________________________Signature: _______________________________

 

Date: _____________________________________   Date: ____________________________________

 

 

Witness signature:___________________________Witness signature: ________________________

 

Date:______________________________________    Date: ___________________________________

 

Employer or Lead Employer's signature        Provider or Lead Provider's signature

 

 

Full Name: ______________________________ Full Name: _______________________________

 

Designation: ____________________________ Designation: ______________________________

 

Signature: ______________________________ Signature:  ________________________________

 

Date: _____________ Date:  _______________

 

Witness signature: ________________ Witness signature: ________________

 

Date: ____________ Date: ________________

 

 

 

SETA Official Use Only

 

 

Workplace Based Learning

Programme Agreement Number ________________________________________

 

Conditional placement date

(Regulation 6(1)) ________________________________________

 

Registration date of the

agreement (Regulation 10(1)) ________________________________________

 

SETA official approved by the CEO to

register Workplace Based Learning

Programme Agreements Name: _______________________________

 

Designation: __________________________

 

Signature:  ____________________________