21st Jun 2019 at 2:34 pm #70960
Part of South African culture – certainly in Cape Town – is to slow down towards the end of the year and be in holiday mode before actually going on holiday, and to get back in work mode mid-January.
So when key documents are Gazetted November & December, so departments can clear their desks before going on leave – they don’t always get the attention they deserve. (Or is that the intention?)
A critical document that I personally have only just come to understand – in terms of the implications – is the Workplace Based Learning Programme Agreement Regulations.
Please see the document in our Downloads section on the right. (A very large document – greater than 6MB)
When the draft was published for comment Suzanne Hattingh published a comprehensive section by section comment. On page 3 (see attached and highlighted), she correctly pointed out the the concept of conditional employment would cause problems for Learner and Employer.
But these Learnership Regulations include this concept of conditional employment. Now I am not personally aware of any concept of labour law that would cover a conditional employment that could be terminated by an administrative decision of a SETA.
My reservations about SETA administrative efficiency create an image of a CCMA Commissioner resolving an unfair dismissal dispute, if the 30 days pass and the SETA has not accepted or rejected – does that create a reasonable expectation of permanency for the Learner?
The onus is on the employer to prove the fair procedure and substantive reason for dismissal. Does the employer hold a hearing – or simply terminate the contract?
Surely I must be mistaken – I must be entirely misunderstanding what is intended. Please help me – as an external SDF I would be totally at loss – how would I advise a client?
The wording of the 2007 Regulations (gazetted under the Department of Labour) was much more specific – and – at least to me – made labour law contractual sense.
“Registering Learnership Agreements”
“Section 5(7) Unless the parties to the contract agree otherwise, a contract of employment concluded with a section 18(2) learner only comes into effect once the SETA has registered a learnership agreement in respect of the learner.”
- This topic was modified 1 month ago by sylvia hammond.
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