TRANSPORT EDUCATION TRAINING AUTHORITY TETA WORKPLACE BASED LEARNING

TRANSPORT EDUCATION TRAINING AUTHORITY (TETA) WORKPLACE BASED LEARNING PRESENTATION Gauteng Workshop 04 November 2019

OUTLINE v Registration of agreement v Registration of learnerships v Disputes v Work-based learning programme agreement - Annexure A BACKGROUND v The Workplace based learning programme agreement regulation, 2018 was published in gazette no. 42037 v The regulation is effective from 1 April 2019

PARTIES TO THE AGREEMENT Learner Agreement Provider Employer

SUBMISSION OF AGREEMENT FORM v The Work-based learning programme agreement (Annexure A) must be completed and signed by the parties v The employer/provider must submit the signed agreement forms to TETA within 30 working days v The employer may conditionally place the learner on the workplace based learning programme pending TETA’s registration and compliance process v Unemployed learners must sign a contract of employment

WORKPLACE BASED LEARNING PROGRAMMES v v v Apprenticeship Candidacy Internship Learnership Workplace experience programmes (HEI and TVET) WORKPLACE APPROVAL v Stakeholders must submit an Workplace site approval application to TETA v TETA will conduct a site visit v If all conditions are met Workplace approval letter will be issued

REQUIREMENTS FOR REGISTRATION TETA may register an agreement in relation to a learning programme if: v The completed and signed agreement form was submitted to TETA within 30 working days v Learnerships must be registered with the Director-General v The employer falls within TETA v The employer enters into a contract of employment with an unemployed learner v The provider is accredited by the TETA’s ETQA for the relevant curriculum associated with the learning programme

REQUIREMENTS FOR REGISTRATION Cont. v The terms of the agreement comply with the terms of the workplace based learning programme, the Act and other applicable law Additional requirements for a group of employers: q One of the employers is identified as the lead employer q The lead employer has signed the agreement and other employer parties are listed in an annexure to the agreement

REQUIREMENTS FOR REGISTRATION Cont. Additional requirements for a group of employers: q All employers who are party to the agreement are approved for the structured work experience component q The lead employer undertakes: Ø To ensure compliance with the employer’s duties; and Ø To ensure the implementation of the agreement at the workplace of the other employer parties

REQUIREMENTS FOR REGISTRATION Cont. Additional requirements for a group of providers: q One of the provider is identified as the lead provider q Every provider who is a party to the agreement is accredited for a component of the curriculum associated with the learning programme q The lead provider: Ø Has entered into a binding agreement with the accredited provider parties; Ø Undertakes to ensure compliance with the provider’s duties in terms of the agreement Ø Ensures that the accreditation status of the provider parties to the agreement is maintained

REGISTRATION DECISION BY TETA If within 30 working days of receiving an agreement, TETA has verified that the relevant requirements have been complied with TETA must: v Register the agreement, record the date of registration and generate a number for the agreement v Submit proof that the agreement has been registered If TETA is unable to register the agreement, TETA will notify each party, providing reasons for its decision within 14 working days

TERMINATION OF AGREEMENT TETA may approve the termination of an agreement if: v An employer, learner or provider has made written request to terminate and the other parties have had an opportunity to make representations v A learner has terminated a contract of employment with the employer v TETA or the employer have been unable to arrange for another provider to be substituted v TETA or the provider have been unable to arrange for another employer to be substituted

TERMINATION OF AGREEMENT Cont. v TETA has developed Guidelines for termination of learners v An application to terminate an agreement must be submitted to TETA v In the case of the employer/ learner terminating the application must be accompanied by a letter signed by employer and learner setting out the reasons for the termination v TETA will de-register the agreement if the termination is approved

DISPUTES v A party referring a dispute in terms of section 19(2) of the Act must submit a completed form in terms of the Labour Relations Act to the CCMA v A party to a dispute regarding the quality and delivery of education and training or assessment may refer the dispute in writing to TETA v If the dispute is not settled by TETA within 30 working days then the matter must be referred to DHET or QCTO v Where relevant, a party to a dispute may also use the provisions of prevailing legislation

REGISTERING LEARNERSHIPS v Stakeholders complete and submit an Application to Register a Learnership (Annexure B) to the relevant chamber v The chamber submit to Skill Development for evaluation and preparation for submission to DHET v A Quality Council (ETQA) must submit a completed and signed registration form to DHET v Upon registration of a learnership, the Director-General must: q Allocate and issue a learnership registration number; and q Issue a certificate of registration to the Quality Council

REGISTERING LEARNERSHIPS v SAQA may amend the registration or a qualification associated with a learnership v The Director-General will amend the relevant certificate or issue a new certificate of registration

WORK-BASED LEARNING PROGRAMME AGREEMENT ANNEXURE A Rights of the employer v The employer has the right to require the learner to comply with the rules and regulations concerning the employer’s workplace policies and procedures Duties of the employer v The employer must comply with all duties in terms of the Act and applicable legislation including those listed hereunder: q Basic Conditions of Employment Act, 1997 q Labour Relations Act, 1995 q Occupational Health and Safety Act, 1993 q Compensation for Occupational Injuries and Diseases Act, 1993 q Unemployment Insurance Act, 1996

WORK-BASED LEARNING PROGRAMME AGREEMENT ANNEXURE A Rights of the provider v The provider has the right to access the learner’s work experience records Duties of the provider v The provider must: q Provide the knowledge and practical skills components q Provide the learner support q Record, monitor and retain details of the education and training provided to the learner q Conduct internal assessments for the knowledge and practical skills components q Issue statement of results

QUESTIONS? CONTACT DETAILS Randburg Head Office : 011 577 7000 Durban Coastal Office : 031 301 9614 Cape Town Coastal Office : 021 829 6391 www. teta. org. za Transport Education Training Authority