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When May a Learnership Agreement Be Terminated

Companies usually pay the apprenticeship costs to the training provider and have to pay learners additional monthly scholarship amounts in accordance with the Skills Development Act. The new legislation affects the increasing cost of the amount of the scholarship paid to learners on a weekly and monthly basis. For the purposes of section 187(1)(e) of the Employment Relations Act 1995, the dismissal of an employee on the basis of her pregnancy, intended pregnancy or any reason related to her pregnancy is automatically unfair. The definition of dismissal in section 186 of the Industrial Relations Act 1995 includes the refusal to allow a worker to return to work after taking maternity leave within the meaning of a law, collective agreement or contract. The SDA requires that, in addition to the apprenticeship contract, an employment contract be concluded between the learner and the employer who is a party to the apprenticeship contract. However, if the learner is already an employee at the time of signing the apprenticeship contract, this does not apply. It`s not legal! Sectoral provision 5 Sections: § 7 (5) An employer may not require or permit the reimbursement of a learner`s remuneration – (a). § 7 (6) An employer may not make a deduction from the learner`s remuneration or require a learner to reimburse an amount relating to tools, materials or equipment. or training materials necessary for learners. I was part of an 18-month apprenticeship program for financial advisors at PSG Wealth. D it was a sales-oriented apprenticeship and our monthly stipend was as follows, I have been in an electrical installer apprenticeship program for 5 years and months, which should take 3 years.

I wasn`t responsible for the length of time that lasted so long, the company was. After so many years, I finished my job. The company suddenly wants to terminate my contract In most cases, a party who refers a dispute to the Conciliation, Mediation and Arbitration Commission («CCMA») must prove that the dispute is the result of an employment relationship. In Mahasha v. Department of Transport – Limpopo, the South African Labour Court dealt with the status of a person who had entered into an apprenticeship contract within the meaning of the Skills Development Act 1998 («SDA») and that person`s ability to bring a dispute before the CCMA. 5. An employment contract within the meaning of this clause shall be kept by the employer for a period of three years after the end of the studies. Please read our article 7sundays.co.za/KeepClimbing/2016/09/20/dangerous-learnership-hopping/ for tips Good luck! If you were employed and completed the training, you are not entitled to a scholarship in addition to your salary. This section, taken from Article 5 of the sectoral regulation of the Ministry of Labour: learners, covers the employment contract, the right of learners to information, registration and termination of the apprenticeship contract. Hello Mélanie, To be clear, you are wondering when an apprenticeship contract will be terminated before the expiry of the maximum period? Apprenticeship contracts for the unemployed 18 (2) Apprentices are indeed fixed-term contracts – this is the duration of the apprenticeship.

Therefore, the contract is automatically terminated on this end date. I understand that the only time you want to have notice of termination is a notice before that notice. The termination of an apprenticeship contract before the expiry of the date would be motivated by a serious reason related to the employer`s situation or by serious criminal offences committed by the learner, which may justify dismissal without notice. Learning accompaniment is over for many reasons. Employers are required to follow certain procedures if the learner or employee wishes to terminate the employment contract. There are a few conditions to finish learning: I can`t find anything on the DoL pages about the actual notice periods needed in the learning phases – and the little I found seems to contradict. per hour per week over fourteen days, months and years. (i) a learner who has paid the prescribed tax; And. Hello Emily, as a candidate for apprenticeship, legislation – Sectoral provision 5: Learners as a protected employee of the company consider you. As such, you have the right to file a complaint with the CCMA and the Ministry of Labour regarding any aspect of your contract. You can also report training providers to the Ministry of Higher Education.

Sincerely, Leo A learning contract is a negotiated agreement between a learner and a supervisor to ensure that certain activities are performed to achieve an identified learning objective. Hello Mélanie, For the avoidance of doubt, are you wondering when an apprenticeship contract will be terminated before the full period? Apprenticeship contracts for unemployed 18 (2) year learners are actually fixed-term contracts — this is the duration of the apprenticeship. Therefore, the contract ends automatically with this end date. As I understand it, the only time you want to have a notice period is when a notice is before that end date. The termination of an apprenticeship contract before the end date would be motivated by a serious reason related to the employer`s situation or by a serious infringement on the part of the learner which could justify dismissal without notice […].