| (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. |
Superior Courts Act, 2013
