Manpower Training Act, 1981 (Act No. 56 of 1981) 1. Definitions

 

In this Act, unless the context otherwise indicates –

 

"advisory committee"

means the advisory committee for regional training centres which has been established under section 31B;

 

"apprentice"

means any person employed in terms of a contract of apprenticeship registered or deemed to be registered in terms of the provisions of section 16(3)(d) or section 18(1)(c) or (3) and, for the purposes of sections 42, 50, 51, 54 and 56, includes any minor employed in terms of the provisions of section 15;

 

"area"

includes any number of areas, whether contiguous or not;

 

"area of jurisdiction"

in relation to any training board, means the area in respect of which that training board has in terms of this Act been accredited by the registrar;

 

"authorised person"

means any person referred to in section 12D(1)(f) who has been authorized by an accredited training board to perform any of the functions of that training board;

 

"board"

means the National Training Board established by section 3;

 

"committee"

means a committee established in terms of the provisions of section 6(1) by the board;

 

"condition of apprenticeship"

means any condition of apprenticeship applicable or deemed to be applicable in terms of the provisions of section 13(2), (3), (8), (10) or (11), 22(1) or 25 and, for the purposes of sections 42, 50, 54 and 56, includes, in relation to a minor employed in terms of the provisions of section 15, any condition of employment applicable in respect of that minor in terms of the last-mentioned section;

 

"Department"

means the Department of Manpower;

 

"designated trade"

means any trade designated or deemed to have been designated in terms of the provisions of section 13(1) or, if the Minister has defined any trade in terms of the provisions of section 13(1)(b) , that trade as so defined, and includes any branch of a designated trade;

 

"Director-General"

means the Director-General: Manpower;

 

"educational institution"

means any institution where education, which may include training, is provided and which is maintained, managed, controlled or subsidized by a Department of State or a provincial administration;

 

"employee"

means any person employed by or who performs work for any employer in any industry and who receives or is entitled to receive remuneration from such employer;

 

"employer"

means any person (including, except for the purposes of sections 31 to 35, inclusive, and sections 37, 37A and 38, the State) -

and "employ" and "employment" shall have corresponding meanings;

 

"employers’ organisation"

means an employers’ organisation registered or deemed to be registered in terms of the Labour Relations Act, 1956 (Act No. 28 of 1956);

 

"federation"

means a federation registered or deemed to be registered in terms of the provisions of section 80 of the Labour Relations Act, 1956;

 

"guardian"

includes, in the case of a minor who has no guardian or who has no guardian who is available to assist or capable of assisting him, a person who, with the approval of the registrar, acts as or in the place of the guardian of the minor;

 

"industrial council"

means an industrial council registered or deemed to be registered in terms of the provisions of the Labour Relations Act, 1956;

 

"industrial court"

means the industrial court referred to in section 17 of the Labour Relations Act, 1956;

 

"industry"

includes any class of undertaking or activity, any division or part of an industry or any group of industries, as well as work in private households;

 

"industry training center"

means a training centre which has been registered as an industry training centre in terms of section 34(2);

 

"labour relations"

means all aspects of and matters connected with the relationship between employer and employee, including matters relating to negotiations in respect of the remuneration and other conditions of employment of the employee, the prevention and settlement of disputes between employer and employee, the application, interpretation and effect of laws administered by the Department and the management of the affairs of trade unions, employers’ organisations, federations and industrial councils;

 

"Minister"

means the Minister of Manpower;

 

"officer"

means an officer as defined in section 1(1) of the Public Service Act, 1957 (Act No. 54 of 1957);

 

"overtime"

means that portion of any period during which an employee works for his employer during any week or on any day, as the case may be, which exceeds the ordinary working hours which that employee can in terms of -

which is applicable in respect of that employee, be required to work during that week or on that day, as the case may be, but shall not include any period during which that employee works for his employer on a Sunday;

 

"premises"

includes land, any building or structure, or any vehicle, conveyance, ship, boat or aircraft;

 

"prescribed"

means prescribed by regulation made in terms of this Act;

 

"private training centre"

means a training centre registered or deemed to be registered in terms of the provisions of section 32 as a private training centre;

 

"regional training center"

means a centre which has in terms of section 31(2) of this Act been registered as a regional training centre or which is deemed to have been registered thereunder as such;

 

"registrar"

means the registrar of manpower training appointed under section 12;

 

"remuneration"

means any payment in money or in kind, or both in money and in kind, made or owing to any person by virtue of his employment, and "remunerate" shall have a corresponding meaning;

 

"this Act"

includes any regulation made thereunder;

 

"trade"

includes any branch of a trade, or any group of trades or branches of trades;

 

"trade union"

means a trade union registered or deemed to be registered in terms of the Labour Relations Act, 1956;

 

"trainee"

means any person to whom training is provided in terms of the provisions of section 30;

 

"training"

means any training which has as its special aim the improvement of the proficiency of any person for any work performed in or in connection with any industry, and includes training in labour relations;

 

"training adviser"

means an officer appointed in terms of section 45 as a training adviser;

 

"training board"

or "accredited training board" means a training board referred to in section 12A which has in terms of section 12B been accredited by the registrar in respect of a specific industry and a specific area;

 

"training committee"

means a committee established by an accredited training board by virtue of section 12C(1)(n) under its constitution as a training committee or, if no such committee has been established, the training board concerned;

 

"wage regulating measure"

means -

 

"workseeker"

and "unemployed person" means a person over the age of fifteen years who is unemployed, is not required by law to attend school, is not a pupil or a student at an educational institution, is not awaiting admission to an educational institution and who is seeking work.