Part A: Terms and Conditions of Agreement

LEARNING PROGRAMME AGREEMENT - QUICK REFERENCE GUIDE
LEARNER DETAILS
NAME/S
SURNAME
ID NUMBER
LEARNING PROGRAMME TITLE
LEARNING PROGRAMME ID NUMBER
LEARNER STATUS (employed -18.1 / unemployed 18.2)
Funded by SETA (Y/N)
EMPLOYER DETAILS
REGISTERED NAME OF EMPLOYER
CONTACT PERSON
TELEPHONE NUMBER
EMAIL ADDRESS
TRAINING PROVIDER DETAILS
REGISTERED NAME OF PROVIDER
CONTACT PERSON
TELEPHONE NUMBER
EMAIL ADDRESS
LEARNING PROGRAMME AGREEMENT SUBMISSION CHECKLIST
CRITERIA / YES / NO
Certified Copy of Learner ID document attached
Copy of Learning pathway signed by a learner (timetable) attached
Copies of three (03) original Apprentice Agreements for Apprenticeships from the applicants
Copy of Medical Certificate for Apprenticeship Agreement attached
Certified Copy of Learner highest school qualification attached
Agreement signed by all parties (including witnesses)
All deletions/alterations initialled by all parties signing this agreement
All pages of agreement initialed by all parties
Learning Programme title correct as per attached schedule
Learning Programme number correct as per attached schedule
Learner details correct as per ID
Employer details correct
Employer SIC Code correct
Provider details correct
Provider SIC Code correct
Copy of outsourcing agreement with Provider attached (if applicable)
Copy of employment contract for 18.2/conditions of employment of Learner attached
Learner details have been captured on FP&M SETA MIS Provider or Employer prior to submission of the Learning Programme agreement.

SEE END OF DOCUMENT FOR A LIST OF OFFICIAL SIC CODES,LEARNING PROGRAMME TITLES AND NUMBERS THAT MUST BE USED.

LEARNING PROGRAMME AGREEMENT

PART A: TERMS AND CONDITIONS OF AGREEMENT

1Declaration of the 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.

2Rights and duties of learners, employers and training providers

2.1Rights of the Learner

The learner has the right to:

2.1.1Receive an induction to the Learning Programme;

2.1.2be educated and trained under the Learning Programme;

2.1.3Access to the required resources for the achievement of the specified outcomes for the structured learning component as well as the specified practical workplace experience activities of the Learning Programme;

2.1.4Be assessed and have access to the assessment results for the structured learning component as well as the specified practical workplace experience activities of the Learning Programme;

2.1.5Receive a written statement of results within 21 working days of the final assessment required in this Learning Programme agreement;

2.1.6If successful, be awarded a certificate of achievement for the qualification associated with the Learning Programme within 45 working days of the learner’s final assessment;

2.1.7In the case of a section 18(2) learner, receive the agreed Learning Programme allowance for the duration of the Learning Programme;

2.1.8Raise grievances in writing with the SETA or the ETQA accredited for the qualification associated with the Learning Programme concerning any shortcomings in the quality of the education and training under the Learning Programme.

2.2Duties of the Learner

The learner must:

2.2.1carry out all occupationally related work for the employer required for the practical workplace experience activities specified in the Learning Programme;

2.2.2Comply with the employer’s workplace policies and procedures;

2.2.3be available for, and participate in, all structured learning and practical workplace experience activities required by the Learning Programme;

2.2.4Attend all theoretical learning sessions and practical learning activities with the training provider;

2.2.5Complete timesheets and projects and participate in any assessment activities that are required for the final assessment at the end of the Learning Programme; and

2.2.6Undertake all learning relating to Learning Programme conscientiously.

2.3Rights of the Employer

The employer has the right to require the learner to:

2.3.1perform duties in terms of this Agreement; and

2.3.2Comply with the rules and regulations concerning the employer’s workplace policies and procedures.

2.4Duties of the Employer

The employer must:

2.4.1Comply with all duties in terms of the Skills Development Act and applicable legislation including:

Basic Conditions of Employment Act 75 of 1997;
Labour Relations Act 66 of 1995;
Employment Equity Act 55 of 1998;
Occupational Health and Safety Act 85 of 1993 (or Mine Health and Safety Act 27 of 1996);
Compensation for Occupational Injuries and Diseases Act 130 of 1993;
Unemployment Insurance Act 30 of 1996.

2.4.2Provide the facilities and resources required for the specified practical workplace experience activities of the Learning Programme;

2.4.3Provide the learner with supervision, mentoring and coaching at work;

2.4.4Provide the learner with appropriate education and training to competently perform the specified workplace experience activities required by the Learning Programme;

2.4.5Release the learner during normal working hours to attend off-the-job structured learning required by the Learning Programme;

2.4.6Conduct on-the-job assessment for the specified workplace experience activities, or cause it to be conducted;

2.4.7Keep up to date records of workplace learning and periodically discuss progress with the learner and the training provider;

2.4.8If the learner was not in the employment of the employer at the time of concluding this Agreement-

enter into a contract of employment with the learner for the duration of the Learning Programme;
advise the learner of the terms and conditions of his or her employment, including the learner allowance; and
Advise the learner of the employer’s workplace policies and procedures.

2.4.9Pay the learner the agreed learner allowance for the duration of the Learning Programme;

2.4.10apply the same disciplinary, grievance and dispute resolution procedures to the learner as to any other employee;

2.4.11submits the signed Learning Programme agreement to the SETA for registration.

2.4.12submits records as required by ETQA body.

2.5Rights of the Training provider

The training provider has the right to access the learner’s portfolio of evidence and workplace learning related assessments.

2.6Duties of the Training provider

The training provider must:

2.6.1Provide the structured learning specified in the Learning Programme;

2.6.2Provide the learner support as required by the Learning Programme;

2.6.3Record, monitor and retain details of the education and training provided to the learner in terms of the Learning Programme and periodically discuss progress with the learner and the employer;

2.6.4Conduct off-the-job assessments for the structured learning component specified in the Learning Programme, or cause it to be conducted;

2.6.5ensure that the assessment against the outcomes of the qualification associated with the Learning Programme is conducted at the end of the Learning Programme; and

2.6.6Issue a written statement of results in respect of the learner’s final assessment for the qualification associated with the Learning Programme within 21 working days of the assessment, to the learner, the SETA and the ETQA accredited for the qualification.

3Suspension of this agreement

3.1A SETA may approve the suspension of this agreement if-

3.1.1The employer and the learner have agreed in writing to suspend the agreement; or

3.1.2The employer or the learner has requested, on good cause, to suspend the agreement and the other parties to the Learning Programme agreement have had opportunity to make presentations as to why the Learning Programme should not be suspended.

3.2An application to suspend a Learning Programme agreement must be submitted to the SETA in writing together with-

3.1.1A written agreement signed by the employer and the learner setting out the reasons for the suspension; and

3.1.2Where appropriate the reasons for the suspension and proof that the other parties to the Learning Programme agreement have had the opportunity to make presentations as to why the agreement should be suspended.

3.3 All parties to a suspended Learning Programme agreement must take appropriate steps to reactivate the Learning Programme programme on expiry of the suspension period.

4Termination of this Agreement

This Learning Programme agreement terminates:

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

4.2on an earlier date if:

4.2.1The learner has successfully completed the final assessment and fulfilled all requirements associated with the specified workplace experience activities of the Learning Programme;

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

4.2.3The SETA approves the termination of the Agreement in terms of the Learning Programme Regulations, 2007.

5Disputes

5.1If there is a dispute concerning any of the following matters, it may be referred to the Commission for Conciliation, Mediation and Arbitration (CCMA):

5.1.1The 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;

5.1.2Chapter 4 of the Act;

5.1.3The termination of this Agreement or, in the case of a section 18(1) learner, the learner’s contract of employment.

5.2If there is a dispute regarding the quality of education and training provided by the training provider or regarding the quality of the learner’s learning performance, it may be referred to the ETQA accredited for the Learning Programme qualification for resolution in accordance with the applicable policies and procedures of the ETQA.

PART B: DETAILS OF THE LEARNING PROGRAMME 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 ceases to be a minor.
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. 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 training providers are party to this Agreement, one of the providers must perform the function of lead training provider. The lead training provider must be accredited for the qualification and must complete section 5. Details of the other training providers must be attached on a separate sheet.
A copy of the learning programme outline and implementation plan must be attached.
If the employer has concluded an agreement with an ESDA in terms of which the ESDA is to perform some or all of the employer’s obligations or exercise some or all of the employer’s rights in terms of the Learning Programme agreement, section 6 must be completed.

1Learning Programme details

1.1Name of Learning Programme: ______

1.2Department of Labour registration number of Learning Programme: ______

1.3Commencement date of Learning Programme agreement: ______

1.4Termination date of Learning Programme agreement: ______

1.5Occupation that this Learning Programme is related to (as per the Organising Framework of Occupations (OFO) :

1.6Name of the qualification: ______

1.7SAQA Qualification ID number: ______

2Learner details

2.1Full name: ______

2.2Identity number: ______

2.3Date of birth: ______

Male

Female

2.4Sex:

African

Indian

Coloured

White

Other (specify):

2.5Race:

2.6Do you have a disability, as contemplated by the Employment Equity Act 55 of 1998?[1]

Yes (specify):

2.7Home address: ______

______

2.8Telephone number: ______

2.9Postal address (if different from above): ______

______

2.10E-mail address: ______

2.11Are you a South African citizen?

Yes

No (specify and attach documents indicating your status,

For example: permanent residence, study permit, etc):

2.12Highest level qualification:

(Tick the relevant box)

NQF level / nomenclature / Other nomenclature
8 / Doctoral degrees, PhD
7 / Masters degrees
6 / 4 year Degrees
5 / National diplomas and higher certificates
4 / Further Education & Training Certificate / Grade 12, matriculation exemption NTC 4
3 / Grade 11, NTC 3
2 / Grade 10, NTC 2
1 / General Education & Training Certificate / Grade 9, School leaving certificate, NTC 1, ABET level 4

2.13What is the title of your highest qualification? ______

2.14Have you previously undertaken a Learning Programme?

Yes (specify title and code):

2.15Were you employed by your employer before concluding this Agreement?

Yes

2.16If you were unemployed before concluding this Agreement, state for how long: ______

2.17If you are employed, when did you start work with your employer?

______

3Parent or Guardian details

(To be completed if learner is a minor)

3.1Full name: ______

3.2Identity number: ______

3.3Home address: ______

______

3.4Postal address (if different from above): ______

______

3.5Telephone number (home and work): ______

3.6E-mail address: ______

4Employer details

4.1Legal name of employer: ______

4.2Trading name (if different from above): ______

4.3Are you liable for the skills development levy?

Yes

If yes, what is your SDL number:______

4.4Name of SETA with which you are registered:

4.5What is the Standard Industrial Classification (SIC) code that applies to your core business: ______

4.6Are you acting as the Lead Employer?

Yes

4.7Business address: ______

______

4.8Postal address (if different from 4.7): ______

______

4.9Name of contact person: ______

4.10Telephone No: ______

4.11Fax No: ______

4.12E-mail address: ______

5Training Provider details

5.1Legal name of Training Provider: ______

5.2Trading name (if different from above): ______

5.3Are you acting as the Lead Training Provider?

Yes

5.4Are you liable for the skills development levy?

Yes

If yes, what is your SDL number: ______

5.5What is the Standard Industrial Classification (SIC) code that applies to your core business:

5.6Name of ETQA that has accredited your institution:

5.7Accreditation number and review date: ______

5.8Business address: ______

______

5.9Postal address (if different from 5.8): ______

______

5.10Name of contact person: ______

5.11Telephone number: ______

5.12Fax number: ______

5.13E-mail address: ______

6Terms and conditions of employment

6.1Are the learner’s terms of employment determined by a document of general application (for example, sectoral determination, bargaining council agreement, collective agreement):

Yes (specify):

6.2Attach a copy of a document reflecting the learner’s conditions of employment (for example: contract of employment, written particulars of employment).

7Signatories

Learner’s signature:
______
Full Name: ______
Date: ______
Witness signature:
______
Date: ______/ Parent or Guardian’s signature
(Only if the learner is a minor)
______
Full Name: ______
Date: ______
Witness signature:
______
Date: ______
Employer or Lead Employer’s signature
______
Full Name: ______
Date: ______
Witness signature:
______
Date: ______/ Training Provider or Lead Training Provider's signature
______
Full Name: ______
Date: ______
Witness signature:
______
Date: ______

Official use only

Learning Programme Agreement Number: / ______
Registration date of the Agreement: / ______
Signature of SETA Official (Regional Manager): / ______
DATABASE OF FP&M SETA LEARNERSHIPS
No. / CURRENT ETQA / Learnership ID / Learnership Title / Credits / NQF Level / linked to Qualification / Linked to OFO Code
CTFL
2 / FP&M SETA / 04Q040057151202 / National Certificate in CTFL Manufacturing Processes: Cutting (Clothing) / 120 / 2 / 58227 / 711601
3 / FP&M SETA / 04Q040056151202 / National Certificate in CTFL Manufacturing Processes: Finishing (Clothing) / 120 / 2 / 58227 / 839904
4 / FP&M SETA / 04Q040059151202 / National Certificate in CTFL Manufacturing Processes: Outwork Process (Clothing) / 120 / 2 / 58227 / 839910
5 / FP&M SETA / 04Q040058151202 / National Certificate in CTFL Manufacturing Processes: Patternmaker (Clothing) / 120 / 2 / 58227 / 711601
6 / FP&M SETA / 04Q040078151202 / National Certificate in CTFL Manufacturing Processes: Machinist Garment Constructor / 120 / 2 / 58227 / 711601
7 / FP&M SETA / 04Q040076151202 / National Certificate in CTFL Manufacturing Processes: Buff Manufacture / 120 / 2 / 58227 / 711604
8 / FP&M SETA / 04Q040083151202 / National Certificate in CTFL Manufacturing Processes: Continuous Dyeing / 120 / 2 / 58227 / 711605
9 / FP&M SETA / 04Q040081151202 / National Certificate in CTFL Manufacturing Processes: Dyeing & Printing Preparation / 120 / 2 / 58227 / 711605
10 / FP&M SETA / 04Q040080151202 / National Certificate in CTFL Manufacturing Processes: Fabric Inspection & Packaging / 120 / 2 / 58227 / 839301
11 / FP&M SETA / 04Q040079151202 / National Certificate in CTFL Manufacturing Processes: Fabric Preparation / 120 / 2 / 58227 / 711604
12 / FP&M SETA / 04Q040090151202 / National Certificate in CTFL Manufacturing Processes: Fibre Finishing / 120 / 2 / 58227 / 711604
13 / FP&M SETA / 04Q040086151202 / National Certificate in CTFL Manufacturing Processes: Finishing (Textiles) / 120 / 2 / 58227 / 711605
14 / FP&M SETA / 04Q040087151202 / National Certificate in CTFL Manufacturing Processes: Fully Fashioned Knitting / 120 / 2 / 58227 / 711604
15 / FP&M SETA / 04Q040089151202 / National Certificate in CTFL Manufacturing Processes: Hose and Half Hose Knitting / 120 / 2 / 58227 / 711604
16 / FP&M SETA / 04Q040092151202 / National Certificate in CTFL Manufacturing Processes: Non-Woven Processes / 120 / 2 / 58227 / 711604
17 / FP&M SETA / 04Q040105151202 / National Certificate in CTFL Manufacturing Processes: Non Woven Processes – Use of Waste / 120 / 2 / 58227 / 711604
18 / FP&M SETA / 04Q040085151202 / National Certificate in CTFL Manufacturing Processes: Printing / 120 / 2 / 58227 / 711605
19 / FP&M SETA / 04Q040084151202 / National Certificate in CTFL Manufacturing Processes: Spinning Preparation / 120 / 2 / 58227 / 711604
20 / FP&M SETA / 04Q040082151202 / National Certificate in CTFL Manufacturing Processes: Spinning Processes / 120 / 2 / 58227 / 711604
21 / FP&M SETA / 04Q040098151202 / National Certificate in CTFL Manufacturing Processes: Textile Testing Techniques / 120 / 2 / 58227 / 839302
22 / FP&M SETA / 04Q040099151202 / National Certificate in CTFL Manufacturing Processes: Warp Knitting / 120 / 2 / 58227 / 711604
23 / FP&M SETA / 04Q040100151202 / National Certificate in CTFL Manufacturing Processes: Weaving Narrow Fabrics / 120 / 2 / 58227 / 711604
24 / FP&M SETA / 04Q040101151202 / National Certificate in CTFL Manufacturing Processes: Weaving Preparation / 120 / 2 / 58227 / 711604
25 / FP&M SETA / 04Q040102151202 / National Certificate in CTFL Manufacturing Processes: Weaving Processes / 120 / 2 / 58227 / 711604
26 / FP&M SETA / 04Q040103151202 / National Certificate in CTFL Manufacturing Processes: Weft Knitting / 120 / 2 / 58227 / 711604
27 / FP&M SETA / 04Q040104151202 / National Certificate in CTFL Manufacturing Processes: Wool Processes / 120 / 2 / 58227 / 711604
28 / FP&M SETA / 04Q040091151202 / National Certificate in CTFL Manufacturing Processes: Melt Extrusion / 120 / 2 / 58227 / 711504
29 / FP&M SETA / 04Q040097151202 / National Certificate in CTFL Manufacturing Processes: Spool Gripper Weaving / 120 / 2 / 58227 / 711604
30 / FP&M SETA / 04Q040093151202 / National Certificate in CTFL Manufacturing Processes: Polymer Manufacturing Processes / 120 / 2 / 58227 / 711504
31 / FP&M SETA / 04Q040077151202 / National Certificate in CTFL Manufacturing Processes: Discontinuous Dyeing / 120 / 2 / 58227 / 711605
32 / FP&M SETA / 04Q040088151202 / National Certificate in CTFL Manufacturing Processes: Home Textiles / 120 / 2 / 58227 / 711601
33 / FP&M SETA / 04Q040061151202 / National Certificate in CTFL Manufacturing Processes: Bottom Stock / 120 / 2 / 58227 / 711602
34 / FP&M SETA / 04Q040060151202 / National Certificate in CTFL Manufacturing Processes: Clicking / 120 / 2 / 58227 / 711602
35 / FP&M SETA / 04Q040063151202 / National Certificate in CTFL Manufacturing Processes: Design / 120 / 2 / 58227 / 711602
36 / FP&M SETA / 04Q040064151202 / National Certificate in CTFL Manufacturing Processes: Direct Bottom / 120 / 2 / 58227 / 711602
37 / FP&M SETA / 04Q040065151202 / National Certificate in CTFL Manufacturing Processes: Finishing (Footwear) / 120 / 2 / 58227 / 711602
38 / FP&M SETA / 04Q040067151202 / National Certificate in CTFL Manufacturing Processes: Making – Force Lasted / 120 / 2 / 58227 / 711602
39 / FP&M SETA / 04Q040068151202 / National Certificate in CTFL Manufacturing Processes: Stitchdown / 120 / 2 / 58227 / 711602
40 / FP&M SETA / 04Q040069151202 / National Certificate in CTFL Manufacturing Processes: Welted / 120 / 2 / 58227 / 711602
41 / FP&M SETA / 04Q040062151202 / National Certificate in CTFL Manufacturing Processes: Closing / 120 / 2 / 58227 / 711602
42 / FP&M SETA / 04Q040066151202 / National Certificate in CTFL Manufacturing Processes: Making / 120 / 2 / 58227 / 711602
43 / FP&M SETA / 04Q040073151202 / National Certificate in CTFL Manufacturing Processes: Curing / 120 / 2 / 58227 / 711603
44 / FP&M SETA / 04Q040096151202 / National Certificate in CTFL Manufacturing Processes: Cutting (Leather) / 120 / 2 / 58227 / 711603
45 / FP&M SETA / 04Q040095151202 / National Certificate in CTFL Manufacturing Processes: Finishing (Leather) / 120 / 2 / 58227 / 711603
46 / FP&M SETA / 04Q040074151202 / National Certificate in CTFL Manufacturing Processes: Re-tanning / 120 / 2 / 58227 / 711603
47 / FP&M SETA / 04Q040075151202 / National Certificate in CTFL Manufacturing Processes: Tanning / 120 / 2 / 58227 / 711603
48 / FP&M SETA / 04Q040094151202 / National Certificate in CTFL Manufacturing Processes: Cutting (General Goods) / 120 / 2 / 58227 / 711601
49 / FP&M SETA / 04Q040071151202 / National Certificate in CTFL Manufacturing Processes: Outwork Processes (General Goods) / 120 / 2 / 58227 / 839910
50 / FP&M SETA / 04Q040070151202 / National Certificate in CTFL Manufacturing Processes: Assemble and Join (General Goods) / 120 / 2 / 58227 / 711601
51 / FP&M SETA / 04Q040072151202 / National Certificate in CTFL Manufacturing Processes: Pattern Maker (General Goods) / 120 / 2 / 58227 / 711601
PRINTING AND PACKAGING
52 / FP&M SETA / 15Q150001002645 / National Craft Diploma: Lithography (Paper Section) Level 5 / 264 / 5 / 58908 / 392301
53 / FP&M SETA / 15Q150002002545 / National Craft Diploma: Continuous Stationery Machine Minding Level 5 / 254 / 5 / 11347 / 392301
54 / FP&M SETA / 15Q150003002475 / National Craft Diploma: Gravure Machine Minding Level 5 / 247 / 5 / 11353 / 392301
55 / FP&M SETA / 15Q150004002294 / National Craft Certificate: Letterpress Machine Minding Level 4 / 229 / 4 / 11357 / 392301
56 / FP&M SETA / 15Q150005002495 / National Craft Diploma: Roll Label Machine Minding Level 5 / 249 / 5 / 11269 / 392301
57 / FP&M SETA / 15Q150006002745 / National Craft Diploma: Rotary Offset Machine minding Level 5 / 274 / 5 / 11271 / 392301
58 / FP&M SETA / 15Q150007002144 / National Craft Certificate: Screen Printing Level 4 / 214 / 4 / 11275 / 392303
59 / FP&M SETA / 15Q150008002875 / National Craft Diploma: Carton Making Level 5 / 287 / 5 / 11281 / 399709
60 / FP&M SETA / 15Q150009002344 / National Craft Certificate: Rotary Printing and Re-Reeliing - Flexography Level 4 / 234 / 4 / 11285 / 392301