The Information in Learnership Contracts. There must be a written contract of employment between an employer and a learner. Each must have their own copy of the contract available for their reference.
The Information for Learnership Contracts
It is important for youth to have contracts in place when accepting a training or job opportunity because a contract serves as a legal agreement between the employee and the employer.
An employment or learnership contract outlines the terms and conditions of employment, such as duties, compensation, benefits, and job expectations. Having a contract in place can help to protect the rights and interests of both parties, ensure clear communication and understanding, and provide a basis for resolving any disputes that may arise during the employment relationship. Additionally, a contract can provide a clear path for advancement, raises, and other opportunities for growth within the company.
Learnership contracts should include the following details
- the full name and address of the employer;
- the name of the learner and the learnership;
- the place of work, and, where the learner is required or permitted to work at various places, an indication of this;
- the date on which the employment began;
- the learner’s ordinary hours of work and days of work, including the time that the learner is required to spend in study periods or theoretical learning sessions with the training provider;
- the learner’s allowance or the rate and method of calculating the allowance;
- the rate of pay for overtime work;
- any other cash payments that the learner is entitled to;
- any payment in kind that the learner is entitled to and the value of the payment in kind;
- how frequently remuneration will be paid;
- any deductions to be made from the learner’s remuneration;
- the leave to which the learner is entitled;
- the date when employment is to terminate;
- a list of any other documents that form part of the contract of employment, indicating a place that is reasonably accessible to the learner where a copy of each may be obtained
Report Unfair Learnership Termination or Dismissal to the CCMA
If a youth is suddenly and possibly unfairly terminated from their employment, they should take the following steps:
- Review the contract: It is important to review the contract to determine if the termination was in accordance with the terms outlined in the agreement.
- File a complaint: If the termination is found to be unfair, the youth can file a complaint with the Commission for Conciliation, Mediation, and Arbitration (CCMA) within 30 days of the termination.
- Attend CCMA hearing: If a complaint is filed with the CCMA, the youth may be required to attend a hearing, where the CCMA will try to reach a settlement between the parties.
- Report the employer to the relevant SETA and the DHET.
The process of challenging an unfair termination can be complex and time-consuming and is based on the evidence. Your contract is an important piece of evidence so ensure you have a copy.
Other learnership documentation
When a learnership ends an employer must issue a certificate of service.
Keep Climbing is researching the fairness of Learnership Contracts
If you’re on a learnership, send us your contract so we can study the terms and conditions under which you are employed and trained.
Keep Climbing promotes better policy, to lobby the government for better regulations we require as much evidence of your hardships as possible.
We know you struggle, help us make things better for you and your future.