LEARNERSHIP EMPLOYMENT CONTRACT

LEARNERSHIP CONTRACT OF EMPLOYMENT

Please complete the fields in this form and press submit. This form will generate a standard (As required by the LRA and BCEA ) learnership, employment contract for the employee you completed the information for.

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COMPANY NAME:(Required)

and

LEARNER NAME:(Required)

1. EMPLOYEE ADDRESS AND CONTACT DETAILS:(Required)

Please insert the learner’s full id, address, telephone number, next of kin details

The Learner is employed on a learnership contract.

2.1. LEARNERSHIP POSITION:(Required)

2.1.2. DATE OF COMMENCEMENT

insert the date the employee started with the company. this is irrespective of the date of signature.

2.1.3. DATE OF EXPECTED TERMINATION

insert the date the learner is expected to terminate with the company.

2.2. The reason for the parties entering into this contract is as follows:
Employee is a student or recent graduate employed for the purpose of being trained or to gain experience;

Please enter a full description of the extent of the Learnership Contract:(Required)

2.2.3. The Learner shall have no expectation of renewal of this contract, or of indefinite employment. Any future renewal or renewals of the contract (on whatever terms) shall not give rise to any expectation of indefinite employment, or to any expectation of any subsequent renewal of the contract.

2.2.4. This agreement shall endure until terminated in terms of clause 2, 4 or 10 hereof;

2.3. The Learner will be required to render services at the following address, or as directed by the employer from time to time:(Required)

Please insert the full address where the employee must report for duty.

2.4. The Learner’s continued employment is subject to the successful completion of a 3-month probationary period during which time the Learner’s suitability for the position shall be assessed by the Employer.

Should the Learner be found unsuitable, the Employer may terminate this contract during or at the end of the probation period, on notice.

3.1. The Learner's working hours and days of work will be as follows:(Required)

Please state the daily hours and what week days the Learner is required to work.

From hereon further the word LEARNER will be substituted for the the word EMPLOYEE and may be used as synonyms of each other in the context of the contract.

3.2. The EMPLOYER shall from time to time in its sole discretion determine the hours and shifts to be worked by the EMPLOYEE and may change same unilaterally. The EMPLOYEE expressly AGREES and CONSENTS to this provision

3.3. Subject to the conditions and restrictions of the Basic Conditions of Employment Act, alternatively the applicable Wage determination or Wage Order or Agreement or Statutory provision, if any, the EMPLOYEE AGREES to work such overtime or to work on Public Holidays and Sundays, as may from time required of him by the EMPLOYER.

4. OVERTIME if worked on request by the EMPLOYER, shall only be regarded as overtime if it causes the EMPLOYEE to work for more than the normal working hours as specified in the Basic Conditions of Employment Act, alternatively in the applicable wage determination of Wage Order or Agreement or Statutory provision, if any, in that specific week.

5. The EMPLOYEE shall be entitled to overtime, payment for Public Holidays and Sundays worked, subject to any statutory provisions or Agreement regarding same.

6. It is therefore agreed between the parties that overtime work, when requested to do so by the Employer will be compulsory. Refusal to adhere to such a request will be regarded as misconduct and the employee may face dismissal.

LEARNERSHIP CLAUSES:

Learnership Agreement

Part A: Terms and conditions of agreement

1. Declaration of parties

We understand that this Agreement is legally binding. We understand that it is an offence in terms of the Skills Development Act 97 of 1998 (‘the Act’) to provide false or misleading information in this Agreement. We agree to the following rights and duties.

2. Rights of learners, employers and registered training providers

2.1 Learner

The learner has the right to:

2.1.1 be educated and trained in terms of this Agreement;

2.1.2 have access to the required resources to receive training in terms of the learnership;

2.1.3 have his or her performance in training assessed and have access to the assessment results;

2.1.4 receive a certificate upon successful completion of the learning;

2.1.5 raise grievances in writing with the SETA concerning any shortcomings in the training.

2.2 Employer

The employer has the right to require the learner to:

2.2.1 perform duties in terms of this Agreement; and
2.2.2 comply with the rules and regulations concerning the employer’s business concern.

2.3 Training provider

2.3.1 The registered training provider has the right of access to the learner’s books, learning material and workplace, if required.

3. Duties of learners, employers and registered training providers

3.1 Learner

The learner must:

3.1.1 work for the employer as part of the learning process;
3.1.2 be available for and participate in all learning and work experience required by the learnership;
3.1.3 comply with workplace policies and procedures;
3.1.4 complete any timesheets or any written assessment tools supplied by the employer to record relevant workplace experience; and
3.1.5 attend all study periods and theoretical learning sessions with the training provider and undertake all learning conscientiously.
3.2 Employer

3.2.1 The employer must comply with its duties in terms of the Act and all applicable legislation including:

• Basic Conditions of Employment Act (No. 75 of 1997);
• any applicable determination made in terms of section 18(3) of the Act;
• Labour Relations Act (No. 66 of 1995);
• Employment Equity Act (No. 55 of 1998);
• Occupational Health and Safety Act (No. 85 of 1993) or Mine Health and Safety Act (No. 27 of 1996);
• Compensation for Occupational Injuries and Diseases Act (No.130 of 1993);

3.2.2 Provide the learner with appropriate training in the work environment to achieve the relevant outcomes required by the learnership;

3.2.3 Provide appropriate facilities to train the learner in accordance with the workplace component of learning;

3.2.4 Provide the learner with adequate supervision at work;

3.2.5 Release the learner during normal working hours to attend off-the-job education and training required by the learnership;

3.2.6 Pay the learner the agreed learning allowance both while the learner is working for the employer and while the learner is attending approved off-the-job training;

3.2.7 Conduct on-the-job assessment, or cause it to be conducted;

3.2.8 Keep up to date records of learning and periodically discuss progress with the learner;

3.2.9 If the learner was not in the employment of the employer at the time of concluding this Agreement, advise the learner of –

(a) the terms and conditions of his or her employment, including the learning allowance; and
(b) workplace policies and procedures.

3.2.10 Apply the same disciplinary, grievance and dispute resolution procedures to the learner as to other employees.

3.3 Training provider

The training provider must:

3.3.1 Provide education and training in terms of the learnership;

3.3.2 Provide the learner support as required by the learnership;

3.3.3 Record, monitor and retain details of training provided to the learner in terms of the learnership;

3.3.4 Conduct off-the-job assessment in terms of the learnership, or cause it to be conducted; and

3.3.5 Provide reports to the employer on the learner’s performance.

4. Termination of Agreement

This learnership agreement terminates:

4.1 on the termination date stipulated in Part B of this Agreement; or

4.2 on an earlier date if:

4.2.1 the learner successfully completes the learnership;

4.2.2 the learner is fairly dismissed by the employer for a reason related to the learner’s conduct or capacity as an employee;

4.2.3 the employer and learner agree to terminate the Agreement; or

4.2.4 the SETA approves a written application to terminate the Agreement by the learner or, if good cause is shown, by the employer.

5. Disputes

If there is a dispute concerning any of the following matters, it may be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA):

5.1 the interpretation or application of any provision of this Agreement, the learner’s contract of employment or a sectoral determination made in terms of section 18(3) of the Act;

5.2 Chapter 4 of the Act;

5.3 the termination of this Agreement or the learner’s contract of employment.

Part B: Details of the learnership and the parties to this agreement

Please take note of the following:

• If the learner is not already in the employ of the employer, the learner and employer must conclude a contract of employment.

• If the learner is a minor then the learner’s parent or guardian must be a party to this Agreement and must complete section 3. The parent or guardian ceases to be a party to this Agreement once the learner turns 21.

• If a group of employers are party to this Agreement, one of the employers must perform the function of a lead employer. The lead employer must complete section 4 and details of the other employers must be attached on a separate sheet.

• If the employer and the accredited training provider are the same entity, the employer must complete sections 4 and 5.

• If a group of accredited training providers are party to this Agreement, one of the providers must perform the function of lead training provider. The lead training provider must complete section 5 and details of the other accredited training providers must be attached on a separate sheet.

REMUNERATION AND OTHER EMPLOYMENT CONTRACT CLAUSES:

7.1.The employee's total Gross remuneration will be as follows at the start of this employment relationship: The employee's full remuneration package and brakedown will provided to the employee in his salary advice. The remuneration will be on a monthly basis.(Required)

Please insert the total amount.

7.2 From the abovementioned wage shall be deducted:

7.2.1 Tax (if applicable)

7.2.2 U.I.F.

7.2.3 Any other deduction required by law.

7.2.4 Deductions authorised by the employee in terms of this contract, in terms of benefits or other if in writing. (See authorisation for deductions – annexure A of Company policy)

7.2.5 The parties expressly agree, that the Employer may deduct from the employee’s salary/remuneration, any amount due to the Employer in respect of monies borrowed and/or any other reason, whatsoever the case might be, subject to the provisions of the Basic conditions of Employment Act.

7.3. The working week will commence on each Monday and will end on each Friday or as required by the employer as indicated from time to time.

8. The employee shall be entitled to the following leave:

8.1 15 Working days of annual leave per 12-month leave cycle and subject to the provisions of the BCEA.

8.2 36 Days sick leave per 3-year cycle, in the event that the employee works 6 days per week and 30 days sick leave per 3-year cycle, in the event that the employee works 5 days per week and subject to the provisions of the BCEA. (Basic Conditions of Employment Act.) In the first 6 months of employment, the employee is only allowed to take 1-day sick leave for Every 26 days worked.

8.3 Unpaid maternity / paternity leave and subject to the provisions of the BCEA, depending on the applicability of the BCEA on this employee.

8.4 3 Days family responsibility-leave per 12-month leave cycle – where the employee has been employed for more than 4 months and works more than 4 days per week and subject to the provisions of the BCEA.

9. The Company Leave Policy must be read into this contract, as if repeated mutatis mutandis in relation to all provisions regarding leave of an employee.

10. TERMINATION OF EMPLOYMENT

10.1. This agreement may be terminated by either party giving notice to the other as follows:

10.1.1. one week during the first six months of employment;
10.1.2. two weeks after six months of employment but less than one year; and
10.1.3. four weeks thereafter.

10.2. Despite clause 10.1 above, the Employer may terminate this contract without notice on any ground justifying summary dismissal.

10.3. If the Employee is absent for five consecutive working days without notifying management as to his/her whereabouts, she/he shall be deemed to have deserted his/her employment and the employment contract may be terminated after following a fair procedure.

10.4. The Employer shall be entitled to terminate this agreement prior to the expiry date on the grounds of misconduct, incapacity or its operational requirements, subject to a fair procedure being followed and notice as per clause 10.1 and 10.2 above, where applicable.

10.5. Failing earlier termination of this agreement, the agreement shall terminate automatically at the end of the month during which the Employee reaches the company’s normal retirement age of 60. Such termination shall not constitute a dismissal.

10.6. It is expressly agreed between the parties that the Employer shall have the right, in the event of the employee failing to give the Employer due notice of termination, as set out in clause 9 of this agreement, to deduct an amount equal to the employee’s wages for the period of notice, from any amount due by the Employer to the employee.

10.7. It is furthermore agreed between the parties that the selection criteria to be followed by the Employer, in the event that retrenchment is unavoidable, will be the ability, capacity, productivity, terms of employment, history of conduct, retirement age of the employee, LIFO – system and the special needs or operational requirements of the Employer. The selection criteria to be used, in the event that the parties do not reach consensus, will be in the sole discretion of the Employer.

10.8. The period of notice as set out in clause 10.1, shall not be applicable in the event that the employee is appointed in terms of a fixed term contract, as per clause 2.2 of this agreement, in the event that the employee is summary dismissed due to misconduct, in the event that the employee is absent from work for a period of 5 consecutive days or longer without the consent or knowledge of the Employer.

10.9. It is furthermore expressly agreed between the parties that in the event of the employee being absent for a period of 5 consecutive days or longer, without notification to the Employer and/or the consent/knowledge/ authorisation of the Employer, that same will be regarded as being absconded/deserted from work and that the employee automatically and/or tacitly has resigned from the employ of the Employer. In such an event, the determinations in respect of notice periods, will not be applicable.

10.10. It is expressly agreed between the parties that severance pay, in the event of retrenchment, will be the minimum as contemplated for in the Labour Relations Act.

11. WORK RULES

11.1. An Employee is required to be honest, trustworthy and to genuinely dedicate his/ her full capability to the Employer. In this regards the employee agrees to subject himself / herself to any substance abuse test at any stage during the employment relationship as the employer may deem it to be fit.

11.2. Mutual respect between Employer, Employee, fellow employees, customers and suppliers is the foundation of the workplace.

11.3. Any breach by the Employee of the following rules shall be regarded as a serious breach of this Contract of Employment and may result in the termination of the Employee’s services. This list is not exhaustive, and the Employer reserves the right to take disciplinary action against the Employee, possibly including dismissal, as a result of any other conduct by the Employee which is deemed to be unacceptable:

11.3.1. Any harassment or abusive behaviour.
11.3.2. Any assault or threatening or intimidating behaviour.
11.3.3. Any action which could detrimentally affect the health and safety of any of the Employer’s employees, suppliers or customers.
11.3.4. Any conflict of interest between that of the Employee and the Employer.
11.3.5. Any action which brings the reputation of the Employer into disrepute.
11.3.6. Any dishonest or fraudulent action in relation to any aspect of the Employee’s work or of relevance to the workplace.
11.3.7. Any tampering with, willful damage to, or negligent handling of any property of the Employer, supplier or customers of the Employer.
11.3.8. Unauthorised removal or possession of any property of the Employer, supplier or customers of the Employer.
11.3.9. Being in possession of or under the influence of alcohol or any illegal substance while on duty.
11.3.10. Insubordination and/or failure to carry out reasonable and lawful instructions.
11.3.11. Refusal to work.
11.3.12. Repeated late-coming, early departure, or other timekeeping issues.
11.3.13. Unauthorised absence from work.
11.4. The Employer reserves the right to notify employees of any reasonable rules of the workplace from time to time, and the Employee undertakes to abide by all such rules.

12. In the event of the Employer issuing the employee with any clothing, equipment or tools for the purpose of the employee’s work, such items shall at all times remain the property of the Employer. The employee shall be responsible for the safe custody, maintenance and cleaning thereof. The employee undertakes to return on demand and in the event of termination of this agreement, to the Employer the said goods/items in a working and reasonable condition. Should the employee fail to return the goods/items, the Employer shall be entitled to deduct the full replacement value thereof from any monies due to the employee by the Employer.

13. By undersigning of this agreement by the employee, same consents to be searched or to have the property of same searched, at the place of employment and during working hours at any time, by a person designated by the Employer, provided that the employee shall be searched by a person of the same gender.

14. In the event of the employee being employed at a counter or is employed in a position whereby the employee receives monies on behalf of the Employer, the employee confirms and agrees that same will be fully responsible for all such monies and merchandise received. It will be the sole responsibility of the employee too safe-keep same and in the event of any losses for whatsoever reason, the losses will be settled by the employee out of the wages of same. The employee expressly consents and agrees to the provisions of this clause.

15. The EMPLOYEE expressly agrees to submit same to any medical examination detrimental to the operational requirements of the business of the EMPLOYER or blood alcohol test by a registered medical practitioner appointed by the EMPLOYER at the expense of same, when required to do so from time to time. Refusal to do so may result into disciplinary action being taken against the EMPLOYEE and it is agreed between the parties that the EMPLOYER may draw a negative conclusion as to the effect, if the EMPLOYEE refused to adhere to such a request.

16. Upon undersigning of this agreement by the EMPLOYEE, same indemnifies the EMPLOYER and its members and agents, against any claim for loss or damage that the EMPLOYEE may suffer as a result of the EMPLOYEE’s own or any other co-EMPLOYEE’s own negligence or failure to comply with the safety regulations, rules and regulations or any other actions/conduct contrary to the instructions of the EMPLOYER/its agents/its members/management, whilst the EMPLOYEE is on duty or on the premises of the EMPLOYER.

16.1. This indemnification shall also be binding upon the heirs and dependants of the EMPLOYEE in the event of death or injury of the EMPLOYEE.

16.3. The EMPLOYEE shall also be liable for damages caused to the property of the EMPLOYER or loss of monies due to the EMPLOYER, whether due to the negligence of the EMPLOYEE or wilfully enacted. 16.4. The EMPLOYEE expressly agrees that such losses may be deducted from the wages of same, and/or the EMPLOYER will be entitled to civil litigation against the EMPLOYEE to claim same.

17. In the event that the EMPLOYEE is employed by the EMPLOYER as a driver of vehicles within the business of the EMPLOYER, it will be an express condition of employment that the EMPLOYEE should be at all times in possession of a valid driver’s licence or any legal requirement which may come in force, so to perform the duties of the EMPLOYEE as appointed for.

18. It will be the responsibility of the EMPLOYEE to ensure that these licences and/or permits remain legally in force.

19. By accepting this agreement and/or position as a driver, the EMPLOYEE expressly agrees that should these required licences and/or permits expire, be revoked or not be renewed, it shall be sufficient reason to the EMPLOYER to terminate this agreement based on the operational requirements of the business of the EMPLOYER.

20. It is expressly agreed and confirmed by the EMPLOYEE that same did receive a copy of the official Company Policy, from the EMPLOYER, applicable in the workplace of the EMPLOYER upon undersigning of this agreement, relating to all rules and regulations of whatsoever nature, disciplinary procedures and codes.

21. The EMPLOYEE confirms that same was explained to the EMPLOYEE and that same fully understands the contents thereof and is fully familiar with same, the consequences of non-adherence in respect of same and all procedures relating to same.

22. The EMPLOYEE further expressly agrees to adhere to all terms, provisions and conditions as may be determined by and Statutory provision or Agreement applicable on the employment terms between the parties and all other terms, provisions and conditions of employment as set out in this agreement.

23. Failure to adhere can result into summary dismissal or appropriate disciplinary action against the EMPLOYEE.

24. The employment relationship between the Employer and the Employee shall be subject to and governed by all applicable labour legislation, including but not limited to the Basic Conditions of Employment Act 75 of 1997, the Labour Relations Act 66 of 1995, the Occupational Health and Safety Act 85 of 1993, the Unemployment Insurance Act 63 of 2001, and the Compensation for Occupational Injuries and Diseases Act 130 of 1993, as well as the Main Agreement and other applicable collective agreements and rules of any bargaining council having jurisdiction.

25. CONFIDENTIALITY

25.1. The Employee understands that any information relating to the Employer’s business which is not in the public domain must be regarded as confidential.

25.2. The Employee undertakes in favour of the Employer that –

25.2.1. in order to protect the proprietary interest of the Employer in the confidential information, s/he will not directly or indirectly, whilst an employee of the Employer or at any time thereafter, use any confidential information for his/her own benefit or the benefit of any other person, and shall not disclose any confidential information to any person other than as required in the ordinary performance of his/her duties;

25.2.2. any written instructions, drawings, notes, memoranda or records (including, but not limited to, any computer records, flash drives, portable computer drives and the like) relating to or containing any of the confidential information, which are made by the Employee or which come into his/her possession during the period of his/her employment by the Employer, shall be the property of the Employer and shall be surrendered by the Employee to the Employer on termination of his/her employment or otherwise when required by the Employer, and the Employee will not retain any copies thereof or extracts therefrom.

26. WARRANTY AND DUTY OF CARE

26.1. The Employee warrants that he/she is able to perform the duties for which he/she has been employed.

26.2. The Employee undertakes to exercise due care in the performance of his/her duties and to take all reasonable steps to ensure the safekeeping of the Employer’s assets and the health and safety of other employees, customers and members of the public.

27. GENERAL

27.1. The Employee acknowledges that he/she fully understands the terms of this Contract of Employment, and that s/he has signed this agreement of his/her own free will and without any duress, coercion, undue influence or verbal warranties or promises of any nature whatsoever.

27.2. This written agreement, together with any written policies, procedures and rules of the Employer, contains all the terms and conditions of the Employee’s employment with the Employer, and no additions, deletions, amendments, verbal statements or representations made at any time by either party shall be binding on the parties unless reduced to writing and signed by the parties.

27.3. The provisions of this agreement that relates to confidentiality shall survive the termination of this agreement in perpetuity.

Signed at _________________________ on _________________________20____.

DECLARATION BY EMPLOYEE:

The EMPLOYEE declares that he or she understands the meaning and contents of this Agreement and that the contents of this agreement were duly and properly explained to him/her and that the agreement was signed voluntarily by same.

_______________________________________
EMPLOYEE

_______________________________________
EMPLOYER

Full name and surname and address of interpreter:

Name and Surname: …………………………………………………………………………………

Address: ………………………………………………………………………………………………….

…………………………………………………………………………………………………

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COMPANY SPECIFIC CLAUSES PERTAINING TO THIS EMPLOYMENT CONTRACT:

This is optional, but use this space to insert clauses which may be business or company specific which you believe must be added.