The Learnership Agreement: What You Are Actually Signing

On your first day you will be handed a document to sign. Most learners sign it without reading it, which is a mistake — it is the contract that decides what you get paid, how much leave you can take, and whether anyone can put you off the programme. This guide explains it in plain language.

It is a three-way agreement, not a normal job contract

A learnership agreement under the Skills Development Act 97 of 1998 is signed by three parties, not two:

• You, the learner.
• The employer (or a group of employers) who gives you the workplace experience.
• An accredited training provider who delivers the theory and supports you.

That third signature matters. If the college or provider is not accredited, the agreement is not a registered learnership, and you can finish a year of work with nothing recognised at the end of it. Check accreditation before you sign, not after — see How to Spot Learnership & Job Scams.

The agreement must also be registered with the relevant SETA. An unregistered agreement is a warning sign. If you are unsure which SETA covers your field, All 21 SETAs Explained will tell you.

What each party is legally obliged to do

The Act sets out the duties plainly, and they run in all three directions.

The employer must:

• Employ you for the period stated in the agreement.
• Give you the practical work experience the qualification requires.
• Release you to attend the training. This one is worth remembering — an employer who is "too busy" to let you attend classes is in breach of the agreement, not doing you a favour.

The training provider must:

• Deliver the education and training named in the agreement.
• Provide the learner support named in the agreement.

You must:

• Work for the employer.
• Attend the training.

That is genuinely the whole of your side of it. Everything else — targets, conduct rules, dress code — comes from the ordinary contract of employment that sits alongside it.

You are an employee, with employee rights

This is the part learners most often get wrong. A learner on a registered learnership is covered by Sectoral Determination 5: Learnerships, made under the Basic Conditions of Employment Act. The determination says it forms part of your contract of employment, and it takes precedence over most other agreements.

Concretely, that gives you:

What can and cannot be deducted from your allowance

An employer may not deduct anything from your allowance unless either:

• you agreed in writing to that deduction for a specific debt, or
• the deduction is required or permitted by law, a collective agreement, a court order or an arbitration award.

There is a further protection for deductions covering loss or damage. Your employer may only take that money if the loss happened at work and was your fault, you were given a fair chance to explain why it should not be deducted, the amount does not exceed the actual loss, and the total does not exceed one quarter of your allowance.

So "training fees", "uniform deposits" and "administration charges" taken off your stipend without your written agreement are not permitted. If money is going missing from your payment, read My Stipend Has Not Been Paid.

When the agreement can be ended

An employer may only terminate a learner's contract of employment if one of these applies:

• The period in the agreement has expired.
• You have successfully completed the learnership.
• You and the employer have agreed in writing to end it — and where there is no such agreement, the SETA that registered it must approve the termination.
• You are fairly dismissed for a reason relating to your conduct or capacity as an employee.

Note what is missing from that list: "the employer changed their mind", "there is no more funding", or "you were too slow". Those are not, on their own, lawful grounds. A dispute about termination can be referred to the CCMA, which must first attempt conciliation and may then go to arbitration.

Before you sign: five things to check

• Is the training provider accredited, and with which body?
• Is the agreement being registered with a SETA, and which one?
• What is the allowance, and how often is it paid? Get the figure in writing.
• How many credits is the qualification, and what NQF level does it exit at? This decides your leave and your minimum allowance.
• What happens if you leave early, and what does the agreement say about repayment?

Frequently asked questions

Is a learnership a job? For the duration, yes — you are an employee with a contract of employment, and Sectoral Determination 5 applies to you. It ends when the learnership ends.

Can I resign from a learnership? You can leave, but do it properly: give notice in writing and talk to the SETA and the provider first. Walking out can affect whether you get credit for the portion you completed.

Can the employer make me sign a document saying I must repay the training? They can ask, and you should read it carefully before agreeing. Deductions from your allowance are separately restricted by the rules above.

Do I get a certificate at the end? If you complete successfully, yes — see After Your Learnership Ends.

Where do I complain if the agreement is being ignored? Start with the SETA that registered it; disputes about the determination go to the CCMA.

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