Learnership process

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Please can you assist me with the following information

Please do note we are working with unfunded/Industry Funded, we will not apply for grants or claim any funds back – is the process still the same?

The industry/Company pays for the all.

Please can you assist me with the following information urgently

–          Please confirm the Learning Program Agreement.

–          Please confirm the process that needs to be followed

–          Must we apply beforehand for a learnership

–          Must the employer be registered as a workplace

–          Is there a letter of intent that must be completed and signed off

–          Must the leaners sign in on line

–          or can they complete the agreement sign it and then scan and mail to you or do you need the original?

–          from a verification point of view we need the agreement to be signed to hand in for verification

Please contact me if you have any questions

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Hello,

Please we do not get the clear meaning of your question but read through a section of the Learnership Agreement Form from The Department of Labour. We hope you find it useful.
Learnership Agreement
Part A: Terms and conditions of agreement
Declaration of parties

 We understand that this Agreement is legally binding. We understand that it is an offence in terms of the Skills Development Act 97 of 1998 (‘the Act’) to provide false or misleading information in this Agreement. We agree to the following rights and duties.

  1. Rights of learners, employers and registered training providers

2.1        Learner

The learner has the right to:

2.1.1     be educated and trained in terms of this Agreement;

2.1.2     have access to the required resources to receive training in terms of the learnership;

2.1.3     have his or her performance in training assessed and have access to the assessment results;

2.1.4     receive a certificate upon successful completion of the learning;

2.1.5     raise grievances in writing with the SETA concerning any shortcomings in the training.

2.2        Employer

The employer has the right to require the learner to:

2.2.1     perform duties in terms of this Agreement; and

  • comply with the rules and regulations concerning the employer’s business concern.

2.3        Training provider

  • The registered training provider has the right of access to the learner’s books, learning material and workplace, if required.
  1. Duties of learners, employers and registered training providers

3.1        Learner

The learner must:

3.1.1     work for the employer as part of the learning process;

3.1.2     be available for and participate in all learning and work experience required by the learnership;

3.1.3     comply with workplace policies and procedures;

3.1.4     complete any timesheets or any written assessment tools supplied by the employer to record relevant workplace experience; and

  • attend all study periods and theoretical learning sessions with the training provider and undertake all learning conscientiously.

3.2        Employer

3.2.1     The employer must comply with its duties in terms of the Act and all applicable legislation including:

  • Basic Conditions of Employment Act (No. 75 of 1997);
  • any applicable determination made in terms of section 18(3) of the Act;
  • Labour Relations Act (No. 66 of 1995);
  • Employment Equity Act (No. 55 of 1998);
  • Occupational Health and Safety Act (No. 85 of 1993) or Mine Health and Safety Act (No. 27 of 1996);
  • Compensation for Occupational Injuries and Diseases Act (No.130 of 1993);

3.2.2     Provide the learner with appropriate training in the work environment to achieve the relevant outcomes required by the learnership;

3.2.3     Provide appropriate facilities to train the learner in accordance with the workplace component of learning;

3.2.4     Provide the learner with adequate supervision at work;

3.2.5     Release the learner during normal working hours to attend off-the-job education and training required by the learnership;

3.2.6     Pay the learner the agreed learning allowance both while the learner is working for the employer and while the learner is attending approved off-the-job training;

3.2.7     Conduct on-the-job assessment, or cause it to be conducted;

3.2.8     Keep up to date records of learning and periodically discuss progress with the learner;

3.2.9     If the learner was not in the employment of the employer at the time of concluding this Agreement, advise the learner of –

(a) the terms and conditions of his or her employment, including the learning allowance; and

(b) workplace policies and procedures.

  • Apply the same disciplinary, grievance and dispute resolution procedures to the learner as to other employees.

3.3        Training provider

The training provider must:

3.3.1     Provide education and training in terms of the learnership;

3.3.2     Provide the learner support as required by the learnership;

3.3.3     Record, monitor and retain details of training provided to the learner in terms of the learnership;

3.3.4     Conduct off-the-job assessment in terms of the learnership, or cause it to be conducted; and

  • Provide reports to the employer on the learner’s performance.

4. Termination of Agreement

This learnership agreement terminates:

4.1        on the termination date stipulated in Part B of this Agreement; or

4.2        on an earlier date if:

4.2.1     the learner successfully completes the learnership;

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

4.2.3     the employer and learner agree to terminate the Agreement; or

  • the SETA approves a written application to terminate the Agreement by the learner or, if good cause is shown, by the employer.

5. Disputes

If there is a dispute concerning any of the following matters, it may be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA):

5.1        the interpretation or application of any provision of this Agreement, the learner’s contract of employment or a sectoral determination made in terms of section 18(3) of the Act;

5.2        Chapter 4 of the Act;

  • the termination of this Agreement or the learner’s contract of employment.

Best wishes.

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