Basic Guide to Termination (Learnerships)

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by Zopedol — last modified 2007-11-28 16:19
 
Employers must follow certain procedures when either a learner or an employer wishes to terminate an employment contract.  A learner’s contract may be terminated only under certain conditions.

Application

  1. The Sectoral Determination 5: Learnerships applies to-
    • the employment of a learner –
      • who has concluded a learnership agreement; and
      • who was not employed by the employer party to the learnership agreement when the agreement was concluded; and
    • every employer who employs a learner.

The Basic Conditions of Employment Act applies in respect of any matter not covered by this sectoral determination.

See

Conditions for Termination

An employer may terminate a learner’s employment contract only if –
  • the specified learnership period has ended;
  • a learner successfully completes his learnership;
  • the employer and learner have agreed to do so in writing or if the SETA has approved it; or
  • a learner is fairly dismissed for his misconduct or incapacity as a worker.

Pay On Termination

On termination of employment employers must pay learners for any –
  • paid time off that the learner is entitled to;
  • leave that the learner has not taken

Certificate of Service

On termination of employment, learners are entitled to a certificate of service.  The certificate must state –
  • the learner’s full name;
  • name and address of the employer;
  • a description of the sectoral employment standard that covers the employer’s business;
  • the starting and ending dates of the learner’s employment;
  • short description of the learner’s training and experience he gained;
  • the learner’s pay at the end of his employment; and
    · if the learner requests it, the reason for his termination.

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