ARTISAN DEVELOPMENT PROGRAMME (ADP)

LEARNER EMPLOYMENT CONTRACT

LEARNER DETAILS
NAME/S Fhulufhedzani Helot
SURNAME Muvhali
ID NUMBER 9401065557085
LEARNING PROGRAMME TITLE Occupational Certificate: Plumber
LEARNING PROGRAMME ID NUMBER 91782
LEARNER REGISTRATION NUMBER 121301122
LEARNER STATUS (employed -18.1 / unemployed 18.2) 18.2
Funded by SETA (Y/N) Yes

EMPLOYER DETAILS
REGISTERED NAME OF EMPLOYER Tshwane North College
(LEAD)
CONTACT PERSON Ms. Mmaabo C Moloi
TELEPHONE NUMBER 012 000 0141
EMAIL ADDRESS Mmaabo.moloi@tnc.edu.za

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PART A: TERMS AND CONDITIONS OF LEARNER

EMPLOYMENT CONTRACT
Entered into between Tshwane North TVET College (herein after referred to as "the employer")
Fhulufhedzani Helot Muvhali and (herein after referred to as "learner")

1. Declaration 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.

2. Rights and duties of learners and the employer

2.1. Rights of the Learner

The learner has the right to:

2.1.1.Receive an induction to the Artisan Development Programme;

2.1.2. be educated and trained under the Artisan Development Programme;

2.1.3. Access during the period of the Artisan Development Programme to the required
theoretical training, practical training and workplace experience specified for the
targeted trade.

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

2.1.5. Undertake a trade test at the end of Artisan Development Programme and receive a
written statement of results within 21 working days of the trade test;

2.1.6. If successful, be awarded a certificate of achievement in the trade within 45 working

days of the trade test;

2.1.7. Receive the agreed allowance for the duration of the Artisan Development
Programme;

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

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2.2. Duties of the Learner

The learner must:

2.2.1. Carry out all occupationally related work for the employer required for the practical
workplace experience activities specified in the Artisan Development Programme;

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

2.2.3. Be available for, and participate in, all structured learning and practical workplace
experience activities required by the Artisan Development Programme;

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

2.2.5. Complete timesheets, logbooks and other records required by the employer;

2.2.6. Participate in any activities that are required for the final assessment of his/her work
performance or learning; and

2.2.7. Undertake all learning relating to Artisan Development Programme timeously and
conscientiously.

2.3. Rights of the Employer

The employer has the right to require the learner to:

2.3.1.Perform all duties in terms of this Agreement; and

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

2.4. Duties of the Employer

The employer must:

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

2.4.1.1. Skills Development Act of 1998

2.4.1.2. Basic Conditions of Employment Act 75 of 1997;

2.4.1.3. Labour Relations Act 66 of 1995;

2.4.1.4. Employment Equity Act 55 of 1998;

2.4.1.5. Occupational Health and Safety Act 85 of 1993 (or Mine Health and Safety Act
27 of 1996);

2.4.1.6. Compensation for Occupational Injuries and Diseases Act 130 of 1993;

2.4.1.7. Unemployment Insurance Act 30 of 1996.

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2.4.2. Enter into a contract of employment with the learners for the duration of the Artisan
Development Programme and workshop learners on the contents of the contract;

2.4.3. Have the workplace to which learners will be assigned approved as a training site for
the targeted trade by the NAMB or SETA appointed by the NAMB for this purpose;

2.4.4. Facilitate the signing of the learnership agreements;

2.4.5. Submit to the SETA the employment contract; the learnership agreement and other
required documents to the SETA for registration

2.4.6. Pay the learner the agreed allowance for the duration of the Artisan Development
Programme;

2.4.7. Submit records and other documentation relating to the Artisan Development
Programme as required by the National Artisan Moderation Board (NAMB) or its
designated ETQA;

2.4.8. Support both the learner and the host employer

2.4.9. Ensure that the learner is:

2.4.9.1. Prepare for trade test;

2.4.9.2. Registered for trade test;

2.4.9.3. Tested

2.4.10. Ensure that the host employers:

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

2.4.10.1.1. Skills Development Act of 1998

2.4.10.1.2. Basic Conditions of Employment Act 75 of 1997;

2.4.10.1.3. Labour Relations Act 66 of 1995;

2.4.10.1.4. Employment Equity Act 55 of 1998;

2.4.10.1.5. Occupational Health and Safety Act 85 of 1993 (or Mine Health and
Safety Act 27 of 1996);

2.4.10.1.6. Compensation for Occupational Injuries and Diseases Act 130 of 1993;

2.4.10.1.7. And their subsequent amendments:

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

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

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2.4.10.4. Provide the learner with appropriate education and training to competently
perform the specified workplace experience activities required by the Artisan
Development Programme;

2.4.10.5. Keep up to date records of workplace learning and periodically discuss

progress with the learner and the training provider;

2.4.10.6. Advise the learner of the workplace policies and procedures.

2.4.10.7. Apply the same disciplinary, grievance and dispute resolution procedures to the
learner as to any other employee;

3. Suspension of this agreement

3.1. The College may approve the suspension of this agreement if-

3.1.1. The employer (host or lead) and the learner have agreed in writing to suspend the
agreement; or

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

3.1.3. An application to suspend a Placement agreement must be submitted to the college in

writing together with

3.1.4. A written agreement signed by the employer (host or lead) and the learner setting out
the reasons for the suspension; and

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

3.2. All parties to a suspended placement agreement must take appropriate steps to reactivate
the placement on expiry of the suspension period.

4. Termination of this Agreement

4.1.1.This placement agreement terminates:

4.1.1.1. On the termination date stipulated in Part B of this Agreement; or

4.1.1.2. On an earlier date if:

4.1.1.3. When the learner has been absorbed by the employer before termination date and
is earning a salary;

4.1.1.4. When the learner get employed before the termination date

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

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4.1.1.6. When the College approves the termination of the Agreement in terms of the
Learning Programme Regulations, 2007.

4.1.1.7. When the learner is ready for the trade test and is tested before the termination
date

4.1.1.8. When the funder withdraws the funding.

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

5.1.1. 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 Skills Development Act 97 of 1998;

5.1.2. Chapter 4 of the Skills Development Act 97 of 1998;

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

5.2. If 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.

6. Terms of employment

6.1. Learner Stipend

6.1.1. The First part of the programme: six (6) months of training in the college workshop

6.1.1.1. Learners will receive a stipend of R2500.00 the first six (6) months of training.

6.1.1.2. The employer has the right to deduct from the stipend for hours or days that the
learner was absent from training as follows.

6.1.1.2.1. R15.63 per hour

6.1.1.2.2. R125.00 per day

6.1.2.The second part: 18 months workplace

6.1.2.1. Learners will receive a stipend of R3300.00 18 months exception to:

6.1.2.1.1. When the learner contract is terminated before 18 months;

6.1.2.1.2. When the learner is ready for trade test and is tested before 18 months

6.1.2.2. The employer has the right to deduct from the learner stipend for hours or days
that the learner was absent from the workplace as follows.

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6.1.2.2.1. R20.63 per hour

6.1.2.2.2. R165.00 per day

6.2. Hours of Employment

6.2.1.Learner training or working hours are as follows:

6.2.1.1. 45 hours a week or

6.2.1.2. 9 hours a day for five days; or

6.2.1.3. 8 hours a day for six days

6.2.2.Working days will be determined by the nature of the business

6.2.3.The learner is entitled to 1 hour break a day

6.2.4.These breaks will be as per the company policy

6.2.5. Learners will work overtime as per the employer requirement; however:

6.2.5.1. The learner must be compensated for extra time worked by the host employer;

6.2.5.2. Compensation will be either in monitory value or time off

6.2.5.3. The compensation mode is at the discretion of the employer

6.2.5.4. Students will work on Sundays and holidays, depending on the business needs.

6.2.5.5. Sundays and holidays will be compensated by the host employers.

6.2.5.6. The host employer will ensure that learners are either accommodated or
transported when working on Sundays and Holidays

6.3. Annual leave

6.3.1.A learner is entitled to 10 days leave in a 12 months’ circle

6.3.2.More than 10 leave days will be regarded as leave without pay; therefore the deductions
will be made accordingly;

6.3.3.Where learner was absent from work without proper arrangement, the learner will also
be subjected to disciplinary action as per the company policy.

6.3.4.Learners will follow the employer process when applying for leave i.e.

6.3.4.1. Learner will request the employer if he/she can take a leave on specified days;

6.3.4.2. If the host employer agrees, the learner will complete the leave form and
submitted for approval as per the company policy;

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6.3.4.3. The learner will not leave until the leave is approved in writing by the
employer;

6.3.4.4. The leave forms will be submitted to the employer monthly with the attendance
register;

6.4. Sick Leave

6.4.1.A learner is entitled to 3 days sick leave in a circle of 12 months;

6.4.2. A learner is only allowed to apply for sick leave after six months in the programme;

6.4.3. All sick leaves must be accompanied by medical certificate;

6.4.4. Sick leave without medical certificate will be regarded as absent without leave;
therefore

6.4.4.1. the stipend will be deducted as per days that the learner was absent from work;

6.4.4.2. the learner can be subjected to disciplinary actions by the host employer;

6.5. Maternity Leave

6.5.1.The project is funded with timelines and limited budget;

6.5.2.Without prejudice, there will be no maternity benefits;

6.5.3. Learners will be entitled to two weeks paid leave on conditions they have completed
minimum 10 months in the programme;

6.5.4. Mothers taking maternity leave will follow all workplace procedures of applying for
maternity leave and will not receive stipend during maternity leave.

6.5.5. A maximum of two months unpaid maternity leave will be allowed

6.5.6. Learners must inform the college and the host employer of their condition when they
are maximum 4 months pregnant

6.5.7. This will help the college to give the learner proper support so she can be able to
achieve her qualification with the rest of the group

6.5.8. Such learner will provide the college with a plan on how she is going to catch-up or
complete the programme.

6.5.9. Learner stipend will not be paid beyond this employment contract unless the funder
agree to extend the contract;

6.6. Contract Duration

6.6.1. The contract is valid for years from the day the contract is signed

6.6.1.1. Start Date: 13 January 2016

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6.6.1.2. End Date: 31 December 2018

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 PART B: DETAILS OF THE ARTISAN DEVELOPMENT
PROGRAMME AND THE PARTIES TO THIS AGREEMENT

Please take note of the following:

 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.

1. Artisan Development Programme Details

Trade Occupational Certificate: Plumber

Organising Framework of Occupation (OFO) 642601

2. Learner details

Full names and Surname: Fhulufhedzani Helot Muvhali

Identity number: 9 4 0 1 0 6 5 5 5 7 0 8 5

Age 23 Date of Birth 0 6 / 0 1 / 1 9 9 4

Gender Male Nationality (tick) Black X Coloured Indian White

Disability NO If Yes Specify

Home Address Block G. 1542. Soshanguve Contact Number 0763756018

North

Citizenship South African Highest Qualification Civil Eng. N6

3. Parent or Guardian details (To be completed if learner is a minor)

Full Names & Surname

ID Number

Physical Address Postal Address

Contact Number

Email Address

4. Employer Details

Legal Name Tshwane North TVET College

Trading Name Tshwane North TVET College

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SDL Number L400757110

Standard Industry Classification (SIC)

Employer Type Lead Province Gauteng

Physical Address Cnr. Kgosi Mampuru & Postal Address Cnr. Kgosi Mampuru &
Pretorius Street Pretorius Street
Pretoria Pretoria
0001 0001
Contact Person Ms. Mmaabo C Moloi Contact Number 012 000 0141

Email Address mmaabo.moloi@tnc.edu.za

5. Signatories
Learner’s signature: Parent or Guardian’s signature
(Only if the learner is a minor)
_______________________ _________________________________
Full Name: _______________________ Full Name: _________________________
Date: __________________________ Date: ____________________________

Witness signature: Witness signature:

_________________________________ _________________________________
Date: ______________________________ Date: ______________________________

Employer or Lead Employer’s signature Witness signature:

(TNC):
___________________________________
_________________________________
Full Name: _________________________
Date: ______________________________
Date: ______________________________

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