Labour Relations Act, 1995 (Act No. 66 of 1995)NoticesNational Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare IndustryExtension to Non-parties of the Consolidated Collective Agreement in terms of Sec 32(2) of the LRATerms and Conditions that will apply Nationally28. Learnership and Student Contracts |
| 28.1 | An Employer may not employ a person as a Learner or Learner hairdresser (also known as an apprentice) unless a learnership contract registered with SSETA or a Student in terms of a student agreement registered with the Council and approved by the Council, has been entered into. |
| 28.2 | A learnership contract or student agreement shall be: |
| 28.2.1 | in writing and signed personally by the learner or student and his/her legal guardian in the event of the leaner/student being a minor, the Employer and by the Training Provider; |
| 28.2.2 | concluded within 90 (ninety) days after the date of commencement of employment; |
| 28.2.3 | in accordance with the learnership contract prescribed by SSETA or student agreement prescribed by the Council, the latter of which is annexed hereto as annexure "G". |
| 28.3 | An Employer shall not, directly or indirectly, in any way or manner, receive any counter value of whatsoever nature, from a leaner or student, for entering into a learnership contract or student agreement with a learner or student. |
| 28.4 | The Student shall, on an annual basis, pay a prescribed fee to the Council for purposes of administering the relationship between City and Guilds and the Student. |
| 28.5 | Learners and Students shall be compelled to become and remain members of the Sick Pay Fund, but shall be exempt from becoming members of the Pension Fund contemplated in clause 29 below and to contribute to the payment of a Council levy, until such time that the Learner/Student entered a Level 4 or has been engaged as a Learner/Student for a period of 30 (thirty) months, whichever happens first in time. For purposes of this clause 28.5 "engaged" shall mean the relationship between the leaner/student and his or her employer by virtue of either a learnership contract or student contract being entered into, which contract will not be deemed to be an employment agreement between the learner/student and his or her employer. The exemption contemplated in this clause 28.5, shall not be applicable to any other category of trainees. |
| 28.6 | All Learners/Students shall be registered with the Council and the expenses relating to benefits indicated in this Agreement, shall be deducted by Employers. |
| 28.7 | An Employer shall be obliged to afford a Learner or Student time off to attend the courses that a Learner or Student is obliged to attend at a Training Provider as determined by the Leaner ship contract or Student Agreement, entered into with the Employer. The time that the Learner or Student spends at the Training Provider shall form part of the Learner or Student's normal working hours. |
| 28.8 | A Learner shall only be entitled to the allowances contemplated in schedule 2 of the NMWA if such a Learner has concluded a learnership agreement as postulated in section 17 of the Skills Development Act, Act 97 of 1998 i.e. a learnership agreement:— |
| 28.8.1 | entered into by and between the Learner, an Employer and an accredited Training Provider; and |
| 28.8.2 | which agreement is in the prescribed form and is registered in the prescribed manner. |
| 28.9 | Should a Learner conclude a learnership agreement in terms of section 17 of the Skills Development Act, Act 97 of 1998, the allowances postulated in schedule 2 to the NMWA will be used for purposes of calculating any compulsory contributions to be made in terms of this Main Collective Agreement. |