Amended Skills Development Act

In this Act, unless the context otherwise indicates –

"Basic Conditions of Employment Act" means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);

"Department" means the Department of Labour;

“designated groups” means black people, women and people with disabilities;

"Director-General" means the Director-General of Labour;

"employee" means –

(a)          any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; or

(b)          any other person who in any manner assists in carrying on or conducting the business of an employer, and "employed" and "employment" have corresponding meanings;

"employment services" means the provision of the service of-

(a)          advising or counselling of workers on career choices either by the provision of information or other approaches;

(b)          assessment of work-seekers for –

(i)             entry or re-entry into the labour market; or

(ii)           education and training;

(c)           the reference of work-seekers –

(i)             to employers to apply for vacancies; or

(ii)           to training providers for education and training;

(d)          assistance of employers by –

(i)             providing recruitment and placement services;

(ii)           advising them on the availability of work-seekers with skills that match their needs;

(iii)          advising them on the retrenchment of employees and the development of social plans;

(a)          (dA) procuring for or providing to a client other persons to render services to or perform work for the client, irrespective of by whom those persons are remunerated; or

(e)          any other prescribed employment service;

"government department" means any department or organisational component referred to in Schedule 1 or 2 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);

"Labour Court" means the Labour Court established by section 151 of the Labour Relations Act, 1995 (Act No. 66 of 1995);

"Minister" means the Minister of Labour;

"National Skills Authority" means the National Skills Authority established by section 4;

"national skills development policy" means the national skills development policy referred to in section 5 (1) (a) (i);

"national skills development strategy" means the national skills development strategy referred to in section 5 (1) (a) (ii);

"National Skills Fund" means the National Skills Fund established by section 27;

"NEDLAC" means the National Economic Development and Labour Council established by section 2 of the National Economic Development and Labour Council Act, 1994 (Act No. 35 of 1994);

"prescribed" means prescribed by regulation;

“private employment services agency” means any person that provides employment services for gain;

“Public Finance Management Act” means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

"regulation" means a regulation made and in force in terms of this Act;

“service level agreement” means a service level agreement concluded in terms of section 10A;

"SETA" means a sector education and training authority established in terms of section 9 (1);

"Skills Development Levies Act" means the Skills Development Levies Act, 1999;

"skills development levies" means a levy as defined in section 1 of the Skills Development Levies Act;

"South African Qualifications Authority" means the South African Qualification Authority established by section 3 of the South African Qualifications Authority Act;

"South African Qualifications Authority Act" means the South Africa Qualifications Authority Act, 1995 (Act No. 58 of 1995);

"this Act" includes any regulations but does not include the footnotes; and

"worker" includes an employee, an unemployed person and a work-seeker.