The Termination of Learnership Contract is a crucial document in South African employment law, specifically designed to formally end a registered learnership agreement. It is used when either party wishes to terminate the learnership before completion, when the learnership is successfully completed, or when termination is required due to breach of contract or other specified circumstances. The document must comply with the Skills Development Act 97 of 1998 and related regulations, requiring proper notification to the relevant SETA and documentation of the termination grounds. It includes essential information such as the original learnership details, reason for termination, effective date, and settlement of outstanding matters. This document is particularly important as learnerships are a key component of South Africa's skills development framework and have specific legal requirements for their termination.
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1. Parties: Full details of the employer, learner, and relevant SETA, including registration numbers and contact information
2. Background: Details of the original learnership agreement including registration number, commencement date, and intended completion date
3. Definitions: Key terms used in the agreement including references to relevant legislation and authorities
4. Grounds for Termination: Clear statement of the reason(s) for termination, whether mutual consent, completion, breach, or other grounds as per Skills Development Act
5. Effective Date: Specific date when the termination becomes effective, including any notice period requirements
6. Settlement of Outstanding Matters: Details of any outstanding payments, training materials to be returned, or certificates to be issued
7. Acknowledgments: Statements from both parties acknowledging the termination and its implications
8. General Terms: Standard legal provisions including governing law, jurisdiction, and entire agreement clause
9. Signatures: Execution clause and signature blocks for all parties
1. Dispute Resolution: Specific procedures for resolving any disputes arising from the termination - included when parties want to specify a particular dispute resolution process
2. Confidentiality: Provisions regarding continued confidentiality obligations - included when sensitive information was shared during the learnership
3. Reference and Certification: Terms regarding future references and partial certification - included when the learnership was partially completed
4. Transition Arrangements: Specific arrangements for handover or transition - included when there are ongoing projects or responsibilities
5. Financial Settlement: Detailed breakdown of any financial settlements - included when there are complex financial matters to resolve
1. Original Learnership Agreement: Copy of the original learnership agreement being terminated
2. Statement of Completed Modules: List of modules or units completed by the learner during the learnership period
3. Financial Statement: Statement showing all financial matters including outstanding payments or refunds
4. Exit Interview Form: Documentation of the exit interview and reasons for termination
5. SETA Notification Form: Official form required by the relevant SETA to notify them of the termination
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