Document Actions

Basic Guide to Termination (Learnerships)

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

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

Sectoral Determination 5 : Learnerships

A sectoral determination establishing conditions of employment and rates of allowances for learners in South Africa

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.

Sections

Personal tools