This is where most people get stuck, and they have not even started yet. Without the Confirmation of Registration, well it’s not a Learnership and no BBBEE scorecard points, and no 12H tax incentives. Those two pieces of legislation ensure learnerships continue to find a place in the workplace, we should use them to make an impact.
So, to get there we need to register the learners onto the Learnership. This process is set out in the SETA Workplace-Based Learning Programme Agreement Regulations (2018). There are a few important things to note before you start that will impact when you are able to start, so some careful planning will be needed. Let me try to provide an understanding of what needs to be completed and when it should be submitted, once you have this covered, you can then contact the SETA which the employer falls within, and ask for the submission details.
SETA Workplace-Based Learning Agreement Regulations (2018)
The Regulations replaced the Learnership Regulations (2007) on 1 April 2019. The purpose of the regulation was to provide a new Learner Agreement and to expand on the definition of learning programmes has been expanded upon to include include “candidacy”, and “internship”. The Regulation also sets out the preparation, submission, registration, and management of Work-Based Learning Programme Agreements.
I know, it sounds like a lot but it is super easy, let’s first look at the different types Workplace-Based Learning interventions:
- Apprenticeship – A period of workplace-based learning culminating in an occupational qualification for a listed trade.
- Learnership – A period of workplace-based learning culminating in an occupational qualification or part qualification.
- Candidacy – A period of workplace-based learning undertaken by a graduate as part of the requirement for registration as a professional in the required professional designation as stipulated by a professional body.
- Internship for the “N” Diploma – A period of workplace-based learning undertaken as part of the requirement for the “N” Diploma.
- Student internship: Category A – A period of workplace-based learning undertaken as part of the requirement for the Diploma, National Diploma, Higher Certificate or Advanced Certificate as a vocational qualification stipulated in the Higher Education Qualifications Sub-Framework (HEQSF).
- Student internship: Category B – A period of workplace-based learning undertaken as part of the requirement for a professional qualification.
- Student internship: Category C – A period of workplace-based learning undertaken as part of the requirement for the Occupational Qualifications of the Quality Council for Trades and Occupations (QCTO).
- Student internship – A period of workplace-based learning for a person who is enrolled at an education and training institution for a SAQA registered qualification and may include vacation work.
- Graduate internship – A period of workplace-based learning for the purposes of allowing a person who has completed a post-school qualification to gain workplace experience or exposure to enhance competency and/or employability. This may include academic staff with existing qualifications that need industrial exposure or experience.
Registration of Agreements
The learner’s details must be captured on the relevant SETA Learning Management Information System (LMIS), and the relevant documentation submitted on the LMS. The original documents must be couriered to the relevant SETA department.
The required supporting documents include:
- Originally certified ID document
- Originally certified highest qualification
- Contract of employment (unemployed learners) or confirmation of employment (employed learners)
- If the learner has a disability – a letter verifying the learner’s disability in terms of the Employment Equity Act
- Proof of residence (this is not in the regulation but the SETA may request it, so getting it upfront helps)
- POPI declaration (again, not in the Regulation, but because you will need to share the learners personal information with the SETA, who will reports the learners information to the Department of Higher Education, Training, and Science, and SAQA (for the National Learner Record Database (NLRD))
The Workplace-Based Learning Programme Agreement and all supporting documents must be received within 30 working days of the learner’s signature date. Should the submission of the original completed agreement not be submitted within the 30-working day period, the learners cannot be registered.
On receipt of the original completed agreement and supporting documents the relevant SETA will confirm receipt in writing indicating the date of receipt. This is only confirming that the document has been received by the SETA, the SETA will still need to verify the document in order to register the learners.
The agreement start date is determined by the date on which the SETA registers the agreement. So the sooner you get it to the SETA the sooner they can conduct their quality assurance and the sooner your start date.
Conditional placement of learners
Once a learner has signed an agreement, the employer must conditionally place the learner on the relevant workplace-based learning programme pending the SETA’s registration and compliance process.
If the learner is unemployed prior to signing the agreement, a contract of employment comes into effect when the learner is conditionally placed on the learning programme.
Once the SETA registers the agreement, the employer must confirm the learner’s placement.
If the SETA declines to register the agreement, the employer must terminate the learner’s conditional placement whether or not funding has been secured.
Additional requirements for a group of employers (Lead and Host employers)
One of the employers is identified in the agreement as the lead employer and that employer is geographically located within South Africa;
- The lead employer has signed the agreement and all other employer parties are listed in an annexure to the agreement
- 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 in terms of the agreement; and
- to ensure the implementation of the agreement at the workplace of the other employer parties.
Additional requirements for a group of providers
One provider is identified in the agreement as the lead provider and is geographically located within South Africa.
Every provider who is party to the agreement is accredited or the components and who have signed an annexure to the agreement.
The lead provider undertakes to ensure compliance with the provider’s duties and ensures that provider parties provide the relevant curriculum components.
Ensure that the accreditation status of the provider parties are maintained for the duration of the agreement
