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Rules for Resigning and Registering for Learnerships

You can’t register for more than one Learnership at a time

Each learnership is registered by the employer with SARS and with the SETA. The employer will receive tax rebates and BEE points.

Learner details and results are entered into the National Learner Records Database each time they are assessed for a unit standard, skills programme or full qualification.

The Problems

  • Learners don’t officially resign but simply drop off (attrition).
  • Companies don’t declare this attrition in the hope that they can find a replacement before it’s too late.
  • Some companies don’t declare and appear to forge learner details in order to claim rebates and earn points.

A learner’s story

How do I know that I still belong to a relevant seta? I was on a learnership but it ended so badly that I ended up getting a new learnership ahead of the old one … I heard that the SETA won’t approve my new learnership under EWSETA since the contract with MERSETA on the previous learnership is still not terminated. So how do I cancel my previous agreement with MERSETA.

Answer:

  1. Write a letter to your former employer and let them know that you are still registered on their programme but that you left on (xxx date).
  2. Request a letter of termination in accordance with Sectoral Determination 5: Learnerships. (Use this statement in the subject line)
  3. Email the letter to the former employer and copy to the ESETA. (Be very polite and diplomatic. Don’t go accusing anyone of anything or start making claims that you cannot substantiate.)
  4. Explain that you experienced challenges on the previous programme and had to leave. Do not start a war with them!

Learners should remember that simply dropping off is unprofessional and downright childish. Please follow the correct procedure of informing an employer of your intention to resign and hand them a letter of resignation.

However!

Sadly, I have first-hand experience of rogue training providers and unscrupulous employers. They exist and they are horrible.  If you are a learner who believes their rights are being ignored use the contact details in How to Check Training Provider Credentials. Read the post on checking credentials to find contacts for reporting training providers.

Read Learnership Contract of Employment and Termination as this post explains what happens when it all ends unhappily

Learners, employers and training providers must remember that learnership agreements entered into are legally binding.

Read more about learnership legislation: Learnership Disagreements

A company’s story

A learner has been registered on a learnership for the past year and has completed their portfolio and has been employed for the duration of the learnership. When we wanted to upload their results it was rejected as the system picked up that they had already completed the same programme previously.

Worst case scenario is that the interview records prove that the learner lied during the application process and purposefully failed to declare that they had completed this programme elsewhere.   The company is not allowed to claim rebates and earn BEE points for a programme that the learner has already completed. A learner can be sued for misrepresentation and fraud. Who knows where this could lead. 🙁

Or!

The employer was sloppy and didn’t bother asking or doing any background checks. If the training provider recruited learners for them and failed to check the details, then they should certainly be sued as opposed to the learner. In fact, I’m pretty sure the employer can claim back the cost of the training from the provider.

Preventative Advice

  1. If you are recruiting for learnerships – ask the right questions and perform the NLRD check.
  2. If you are a training provider, upload learner details to the NLRD at the beginning of the programme – not at the end.
  3. If you are a Learner – you wouldn’t go and redo Matric more than once after passing the first time. You cannot register for the same qualification. You will get into serious trouble.

Conclusion

SETAs, Training providers and employers are responsible for assisting learners with opportunities for employment once the learnership is completed.

Training providers should include a policy on vocational guidance and career support in their QMS and SETAs and the QCTO should include this as an accreditation requirement.

More about legislation

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Comments (9)

  1. Please help me, I once completed a learnership in 2016, so my question is will it be possible for me to get into a different learnership again this year?

  2. Hi I was on a learnership at a certain company at first they didn’t allow us to read the the contract of a learnership,they asked us to sign.secondly they asked to put me in a permanent position before I could finish my learnership and I denied that because I wanted to finish the learnership so that I could get a certificate.well they allowed me to finish. Well i have completed my learnership program and I am still in the company I ddnt resign I asked them to put me in a permanent position since am not willing to resign or to drop my email was not responded .the said thing is date of termination of learnership has passed but am still in the company earning the amount I used to get on my learnership contract ,another thing is I don’t get paid for working Sundays and even today I didn’t get a certificate. I don’t know what to do because some of the people who were participating in a learnership they already left without their certificate. Can you please tell me what to do >>>>>>

    1. Unfortunately I cannot assist if information is withheld. Please complete the complaints form.

  3. Hi! I am currently on a learnership on which the is no learning we are only working as normal employees. We once enquire but they said we were supposed to Be permanent but the company does not have money and each day we are expected to wear formal clothes which we can not afford. It is really killing our self esteem and no one seems to care we only met once with our manager ever since then he does not want to meat us we do not know what he is running from. We do not have access to the system we sit the whole day doing reception duties nothing else. And lastly we were told we wont be getting an certificates when the learnership ends because we are not learners we feel exploited.

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