There is various learning routes that will assist a learner to gain a qualification within the National Qualification Framework (NQF) from level 1 - 8.

A Learnership is one of these routes and it includes both instructional learning (a theory learning component which usually takes place in a formal classroom) and structured, practical workplace experience (a practical component). A learnership relates to an specific occupation and involves a full qualification.

'It is only as we develop others that we permanently succeed'

Sectoral Determination 5 : Learnerships

The employment of learner workers; which includes all learnership agreements and skills development programmes are governed by this determination.

The determination sets:

• minimum wages
• working hours
• number of leave days
• termination rules

Basic Guide to Learnership Requirements

A Sector Education and Training Authority (SETA) may only start a learnership if that learnership:

• has properly prepared learning material;
• includes practical work experience;
• will lead to a qualification registered with the South African Qualifications Association (SAQA); and
• is registered with the Department of Lab

Based on Section 16 of the Skills Development Act.

Basic Guide to Learnership Agreements

Learnerships must have an agreement that is signed by the employer, training provider and the learner.  This agreement must be registered with a Sector Education and Training Authority (SETA).  The agreement is based on Section 17 of The Skills Development Act. 

A sample learnership agreement is attached for information.

Basic Guide to Learnership Contracts

If learners are not already working for employers, they must sign an employment contract with employers. The contract ends when the learnership ends.  The contract is based on Section 18 of the Skills Development Act.

Eligibility

If learners are already working for the employer, they do not need to get a new contract.  All new learners, and learners who were previously unemployed or worked for another employer, must get a new contract.

Contents

The contract must contain the information specified in Sectoral Determination 5: Learnerships.

Termination

The contract cannot be ended before the learnership has ended.  The contract ends when the learnership is completed or the learnership agreement is ended because of specific reasons.

 

Basic Guide to Learnership Disputes

Based on Legislation in Section 19, of the Skills Development Act.

Reasons for Disputes

Disputes can be about:

• learnership agreements; 
• employment contracts between learners and employers; 
• rules in the sectoral determination for learnerships; or
• ending learnership agreements or employment contracts.

 Resolving Disputes

If you have a dispute, you must refer it in writing to the Commission for Conciliation, Mediation and Arbitration (CCMA) and send copies to the other parties in the contract or agreement.

SARS Draft Interpretation - Learnership Allowance - December 2006

The purpose of the note is to provide clarity regarding the interpretation and application of the provision of Section 12H that relate to a deduction of an allowance in respect of the entering into or the completion of a registered learnership agreement.