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


Constitution of the Health and Welfare Sector Education and Training Authority (HWSETA)

7. Learnerships


(1) Establishment of learnerships


The Authority may establish a learnership if—

(a) the learnership consists of a structured learning component;
(b) the learnership includes practical work experience of a specified nature and duration;
(c) the learnership would lead to a qualification registered by SAQA and related to an occupation; and
(d) the intended learnership is registered with the Director-General in the prescribed manner.


(2) Learnership Agreements


(a) A Learnership Agreement must be in the prescribed format and registered with the Authority in the prescribed manner.
(b) A Learnership Agreement may not be terminated before the expiry of the period of duration specified in the Learnership Agreement unless—
(i) the learner meets the requirements for the successful completion of the learnership;
(ii) the Authority approves of the termination; or
(iii) the learner is fairly dismissed for a reason related to the learner's conduct or capacity as an employee, or the employer's operational requirements.
(c) The employer or training provider that is a party to a Learnership Agreement may be substituted with—
(i) the consent of the learner; and
(ii) the approval of the Authority.
(d) The Authority must, in the prescribed manner, provide the Director- General with a record of Learnership Agreements registered by the Authority.