| (1) | For the purposes of this Chapter, a "learnership agreement" means an agreement entered into for a specified period between— |
| (b) | an employer or a group of employers (in this section referred to as "the employer"); and |
| (c) | a skills development provider accredited by the QCTO or group of such skills development providers. |
[Section 17(1) amended by section 7(a) of Act No. 37 of 2008]
| (2) | The terms of a learnership agreement must oblige— |
| (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; |
| (i) | work for the employer; and |
| (ii) | attend the specified education and training; and |
| (c) | the skills development provider to provide— |
| (i) | the education and training specified in the agreement; and |
| (ii) | the learner support specified in the agreement. |
[Section 17(2) amended by section 7(b) of Act No. 37 of 2008]
| (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 skills development 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. |
[Section 17(5) amended by section 7(b) of Act No. 37 of 2008]
| (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; |
[Section 17(7)(a) amended by section 7(c) of Act No. 37 of 2008]
| (b) | prescribing the relationship between the employer and the agency contemplated in paragraph (a); |
| (c) | prescribing the requirements for registering an agency contemplated in paragraph (a); and |
[Section 17(7)(c) inserted by section 7(d) of Act No. 37 of 2008]
| (d) | making it an offence to operate an agency contemplated in paragraph (a) except in accordance with such regulations. |
[Section 17(7) inserted by section 12 of Act No. 31 of 2003]
+
