TRANSPORT EDUCATION TRAINING AUTHORITY (TETA) - PowerPoint Presentation

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TRANSPORT EDUCATION TRAINING AUTHORITY (TETA)

WORKPLACE

BASED LEARNING

PRESENTATION

Gauteng Workshop

04 November 2019

OUTLINE

Registration of agreement

Registration of learnerships

Disputes

Work-based learning programme agreement - Annexure AThe Workplace based learning programme agreement regulation, 2018 was published in gazette no. 42037The regulation is effective from 1 April 2019

BACKGROUND

PARTIES TO THE AGREEMENT

SUBMISSION OF AGREEMENT FORM

The Work-based learning programme agreement (Annexure A)

must be completed and signed by the parties

The employer/provider must submit the signed agreement forms to TETA within 30 working daysThe employer may conditionally place the learner on the workplace based learning programme pending TETA’s registration and compliance processUnemployed learners must sign a contract of employment

WORKPLACE BASED LEARNING PROGRAMMES

Apprenticeship

Candidacy

Internship

LearnershipWorkplace experience programmes (HEI and TVET)

Stakeholders must submit an Workplace site approval application to TETATETA will conduct a site visitIf all conditions are met Workplace approval letter will be issued

WORKPLACE APPROVAL

REQUIREMENTS FOR REGISTRATION

TETA may register an agreement in relation to a learning programme if:

The completed and signed agreement form was submitted to TETA within 30 working days

Learnerships must be registered with the Director-General

The employer falls within TETA The employer enters into a contract of employment with an unemployed learnerThe provider is accredited by the TETA’s ETQA for the relevant curriculum associated with the learning programme

REQUIREMENTS FOR REGISTRATION Cont.

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:One of the employers is identified as the lead employerThe 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:

All employers who are party to the agreement are approved for the structured work experience component

The lead employer undertakes:

To ensure compliance with the employer’s duties; andTo 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:One of the provider is identified as the lead providerEvery provider who is a party to the agreement is accredited for a component of the curriculum associated with the learning programmeThe lead provider:

Has entered into a binding agreement with the accredited provider parties; Undertakes to ensure compliance with the provider’s duties in terms of the agreementEnsures 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:

Register the agreement, record the date of registration and generate a number for the agreement

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:

An employer, learner or provider has made written request to terminate and the other parties have had an opportunity to make representations

A learner has terminated a contract of employment with the employer

TETA or the employer have been unable to arrange for another provider to be substitutedTETA or the provider have been unable to arrange for another employer to be substituted

TERMINATION OF AGREEMENT Cont.

TETA

has developed Guidelines

for termination of learners

An application to terminate an agreement must be submitted to TETAIn 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 terminationTETA will de-register the agreement if the termination is approved

DISPUTES

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

A party to a dispute regarding the quality and delivery of education and training or assessment may refer the dispute in writing to TETA

If the dispute is not settled by TETA within 30 working days then the matter must be referred to DHET or QCTO

Where relevant, a party to a dispute may also use the provisions of prevailing legislation

REGISTERING LEARNERSHIPS

Stakeholders complete and submit an Application to Register a Learnership (Annexure B) to the relevant chamber

The chamber submit to Skill Development for evaluation and preparation for submission to DHET

A Quality Council (ETQA) must submit a completed and signed

registration form to DHET

Upon registration of a learnership, the Director-General must:Allocate and issue a learnership registration number; andIssue a certificate of registration to the Quality Council

REGISTERING LEARNERSHIPS

SAQA

may amend the registration

or

a qualification associated with a

learnershipThe 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

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

The employer must comply with all duties in terms of the Act and applicable legislation including those listed hereunder:Basic Conditions of Employment Act, 1997Labour Relations Act, 1995Occupational Health and Safety Act, 1993

Compensation for Occupational Injuries and Diseases Act, 1993Unemployment Insurance Act, 1996

WORK-BASED LEARNING PROGRAMME AGREEMENT

ANNEXURE A

Rights of the provider

The provider has the right to access the learner’s work experience records

Duties of the provider

The provider must:Provide the knowledge and practical skills componentsProvide the learner supportRecord, monitor and retain details of the education and training provided to the learnerConduct internal assessments for the knowledge and practical skills components

Issue statement of results

QUESTIONS?

CONTACT DETAILS

Randburg Head Office : 011 577 7000Durban Coastal Office : 031 301 9614Cape

Town Coastal Office : 021 829 6391www.teta.org.zaTransport Education Training Authority