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

Schedule 2A : Transitional Provisions: Skills Development Amendment Act, 2008

3. Conversion of contracts of apprenticeship in force at commencement of Act


(1) Despite item 2, an employer and an apprentice who are party to a contract of apprenticeship in force at the commencement of this Act may conclude a learnership agreement in accordance with the form prescribed in terms of section 17(3) of the Act, subject to the following:
(a) The training provider must be a party to the learnership agreement, unless the training element of the apprenticeship has been completed;
(b) the learnership agreement may only be terminated in terms of section 17(4);
(c) the employer and apprentice must, in addition, conclude a written contract of employment;
(d) the apprentice is deemed to be a learner contemplated in section 18(2) of the Act and must be employed on terms and conditions of employment that are no less favourable than those that are applicable in terms of section 18(1) of the Act;
(e) paragraphs (c) and (d) do not apply to an apprentice who was already employed by the employer prior to the commencement of the contract of apprenticeship.