Amended Skills Development Act

(1)           For the purposes of this Chapter, a "learnership agreement" means an agreement entered into for a specified period between -

(a) a learner;

(b) an employer or a group of employers (in this section referred to as "the employer"); and

(c)  a training provider accredited by a body contemplated in section 5(1)(a)(ii)(bb) of the South African Qualifications Authority Act or group of such training providers.

(2)           The terms of a learnership agreement must oblige –

(a) the employer to –

(i)         employ the learner for the period specified in the agreement;

(ii)        provide the learner with the specified practical work experience; and

(iii)      release the learner to attend the education and training specified in the agreement;

(b) the learner to –

(i)         work for the employer; and

(ii)        attend the specified education and training; and

(c)  the training provider to provide -

(i)         the education and training specified in the agreement; and

(ii)        the learner support specified in the agreement.

(3)           A learnership agreement must be in the prescribed form and registered with a SETA in the prescribed manner.

(4)           A learnership agreement may not be terminated before the expiry of the period of duration specified in the agreement unless -

(a) the learner meets the requirements for the successful completion of the learnership;

(b) the SETA which registered the agreement approves of such termination; or

(c)  the learner is fairly dismissed for a reason related to the learner's conduct or capacity as an employee.

(5)           The employer or training provider that is party to a learnership agreement may be substituted with –

(a) the consent of the learner; and

(b) the approval of the SETA which registered the agreement.

(6)           A SETA must, in the prescribed manner, provide the Director-General with a record of learnership agreements registered by the SETA.

(7)           The Minister may make regulations –

(a) permitting an employer to enter into an agreement with an agency to perform the employer’s obligations and exercise the employer’s rights in respect of a learnership agreement or, in respect of a learner contemplated in section 18(2), a contract of employment; and

(b) prescribing the relationship between the employer and the agency contemplated in paragraph (a).