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Legislative backing of the SETA learnership contracts : a myth or reality

Mini Dissertation (LLM)--University of Pretoria, 2017.

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Other Authors: Botha, Monray Marsellus
Format: Thesis
Language:English
Published: University of Pretoria 2018
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access_status_str Open Access
author2 Botha, Monray Marsellus
author_browse Botha, Monray Marsellus
author_facet Botha, Monray Marsellus
collection Thesis
dc_rights_str_mv © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM)--University of Pretoria, 2017.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:39:48.175Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2018
publishDateRange 2018
publishDateSort 2018
publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/65678 Legislative backing of the SETA learnership contracts : a myth or reality Botha, Monray Marsellus PEDZISAIMARIRIMBA@GMAIL.COM Maririmba, Pedzisai UCTD Mini Dissertation (LLM)--University of Pretoria, 2017. Learnerships are a relatively new training method that the South African skills development system has adopted to address the country’s shortage of skills.1 Incorporating a number of role players and having multiple objectives, learnerships have been hailed as one of the effective ways to address unemployment by encouraging industry to participate in skills development at the same time propelling employment equity.2 The provision of tax incentives and fulfilling the broad based black economic empowerment (B-BBEE) has made learnerships a viable way of getting industry involved in addressing skills shortages and also to serve as a remedy to the problem of unemployment among the previously disadvantaged citizen groups.3 The success of the learnership implementation process is guided by the legislative backing which has been created to regulate the scheme amongst the role players; namely, the learner, the SETAs and the employer.4 For industry funded learnerships, the employer plays a dual role as the sponsor of the programme as well the workplace provider, who should ensure that the learner is able to practically implement the theoretical knowledge they acquire in the classroom. The learnership contracts can therefore be referred to as tripartite contracts or agreements as they guide the relationship among the three main role players in the learnership programme, namely, the learner, the employer and the training provider. This research explores the legislative backing of the learnership contracts with the aim of investigating to what extent the obligations and rights created by these contracts are enforced and enforceable and the likely consequences of the lack of enforceability of the contracts. The research will explore what obligations and rights are created by the contracts in light of the challenges that have been encountered in the implementation of the learnerships, top amongst which has been a high level of learner drop outs.5 The challenges and effects of the enforceability or lack of thereof of the contracts are explored with a view to explore possible improvement measures which can contribute to the body of knowledge on practical implementation of the programme. Furthermore, the research looks at other systems that have implemented and are still implementing learnerships with the aim of exploring how the relationships amongst the role players have been managed in a way that has had a positive impact on the successful implementation of the scheme. Mercantile Law LLM Unrestricted 2018-07-16T07:56:08Z 2018-07-16T07:56:08Z 2018/04/17 2017 Mini Dissertation Maririmba, P 2017, Legislative backing of the SETA learnership contracts : a myth or reality, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/65678> A2018 http://hdl.handle.net/2263/65678 en © 2018 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Legislative backing of the SETA learnership contracts : a myth or reality
title Legislative backing of the SETA learnership contracts : a myth or reality
title_full Legislative backing of the SETA learnership contracts : a myth or reality
title_fullStr Legislative backing of the SETA learnership contracts : a myth or reality
title_full_unstemmed Legislative backing of the SETA learnership contracts : a myth or reality
title_short Legislative backing of the SETA learnership contracts : a myth or reality
title_sort legislative backing of the seta learnership contracts a myth or reality
topic UCTD
url http://hdl.handle.net/2263/65678