I have read quite a lot about the requirements on employers with more than 50 employees in terms of submitting WSPs and appointing a SDF.
Can someone please direct me to the source of these obligations, which I assume is the Regulations of the Skills Development Act?
Many thanks in advance.
The quickest way is either to speak to an Independent SDF and/or to speak to the SETA your business is allocated too. You can also visit the ASDFSA (Association for Skills Development Facilitators of South Africa) website for assistance.
If you inform me what industry you are in thaen I can give there contact details.
Green Door Consulting
Many thanks for your reply Andre.
I am actually chasing the specific Skills Development Regulations that require a SDF and Training Committee once an employer has 50 or more employees.
Hi Paul, There is confusion between the EE Act & the SDA. The EEA identifies "designated employers", who are those with over 50 employees, or are above the sector turnover levels, municipalities & organs of state. Ch3 of the EEA sets out the obligations of designated employers. They are required to consult with employees. Although the SDA does identify "designated groups" it does not (and never has done) define "designated employers". In the Regulations issued in 2000 GN R103, which cover the recovery of grants, and the appointment of an SDF, there is specific referance to the "establishment of a training committee" and "employers with more than 50 employees must establish an in-company forum for consultation with regard to skills development." However, R103 was repealed "as a whole". Therefore, there has been no such requirement in legislation from repeal of that regulation. (Personally, I have always believed that the DoL didn't realise what it was doing in repealing that regulation in full without replacing the consultation requirement. An alternative view is that there was too much dissension from unionised environments where the union representatives refused to sign WSPs & ATRs where they there were unhappy.) Mandatory Grants must be paid to employers who have submitted a WSP & ATR in the designated format on time (30 June). That section of the Act makes allowance for those with less than 50 employees to use a modified format. From the change (in 2007), there is only a requirement for a single "employee representative" signature. Therefore, the remaining specific consultation requirement derives from the EEA, and if you are implementing EE in the full spirit of that act then you would be consulting on skills development as it is entirely relevant to development of staff. I hope that this clarifies.
Great, thanks Sylvia, much appreciated.
The Skills Levies Act determines that employers with a payroll in excess of R500 000 per annum must pay 1% towards SARS as a levy.
The requirement to appoint a SDF is only applicable if they want to received some of the levy back, which will be the first grant of 15%.
If they submit a Skills Plan, they can get a further 10%.
Hope this helps!