| (1) |
For the purposes of this Chapter, a "learnership agreement" means an agreement entered into for a specified period between— |
| (b) |
an employer or a group of employers (in this section referred to as "the employer"); and |
| (c) |
a skills development provider accredited by the QCTO or group of such skills development providers. |
[Section 17(1) amended by section 7(a) of Act No. 37 of 2008]
| (2) |
The terms of a learnership agreement must oblige— |
| (i) |
employ the learner for the period specified in the agreement; |
| (ii) |
provide the learner with the specified practical work experience; and |
| (iii) |
release the learner to attend the education and training specified in the agreement; |
| (i) |
work for the employer; and |
| (ii) |
attend the specified education and training; and |
| (c) |
the skills development provider to provide— |
| (i) |
the education and training specified in the agreement; and |
| (ii) |
the learner support specified in the agreement. |
[Section 17(2) amended by section 7(b) of Act No. 37 of 2008]
| (3) |
A learnership agreement must be in the prescribed form and registered with a SETA in the prescribed manner. |
| (4) |
A learnership agreement may not be terminated before the expiry of the period of duration specified in the agreement unless— |
| (a) |
the learner meets the requirements for the successful completion of the learnership; |
| (b) |
the SETA which registered the agreement approves of such termination; or |
| (c) |
the learner is fairly dismissed for a reason related to the learner's conduct or capacity as an employee. |
| (5) |
The employer or skills development provider that is party to a learnership agreement may be substituted with— |
| (a) |
the consent of the learner; and |
| (b) |
the approval of the SETA which registered the agreement. |
[Section 17(5) amended by section 7(b) of Act No. 37 of 2008]
| (6) |
A SETA must, in the prescribed manner, provide the Director-General with a record of learnership agreements registered by the SETA. |
| (7) |
The Minister may make regulations— |
| (a) |
permitting an employer to enter into an agreement with an agency to perform the employer’s obligations and exercise the employer’s rights in respect of a learnership agreement or, in respect of a learner contemplated in section 18(2), a contract of employment; |
[Section 17(7)(a) amended by section 7(c) of Act No. 37 of 2008]
| (b) |
prescribing the relationship between the employer and the agency contemplated in paragraph (a); |
| (c) |
prescribing the requirements for registering an agency contemplated in paragraph (a); and |
[Section 17(7)(c) inserted by section 7(d) of Act No. 37 of 2008]
| (d) |
making it an offence to operate an agency contemplated in paragraph (a) except in accordance with such regulations. |
[Section 17(7) inserted by section 12 of Act No. 31 of 2003]
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Superior Courts Act, 2013
