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Termination Of Learnership Contract for South Africa

Termination Of Learnership Contract Template for South Africa

This document serves as a formal agreement to terminate a learnership contract in South Africa, governed by the Skills Development Act 97 of 1998 and related legislation. It outlines the terms and conditions for ending the learnership relationship between an employer and learner, including the grounds for termination, effective date, and settlement of any outstanding matters. The document ensures compliance with South African legal requirements, including proper notification to the relevant SETA, and protects the rights and obligations of all parties involved in the learnership program.

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Termination Of Learnership Contract

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What is a Termination Of Learnership Contract?

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.

What sections should be included in a Termination Of Learnership Contract?

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

What sections are optional to include in a Termination Of Learnership Contract?

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

What schedules should be included in a Termination Of Learnership Contract?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

South Africa

Publisher

Ƶ

Cost

Free to use
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Relevant Industries

Manufacturing

Mining

Financial Services

Information Technology

Agriculture

Construction

Retail

Healthcare

Education

Tourism and Hospitality

Transport and Logistics

Engineering

Relevant Teams

Human Resources

Legal

Compliance

Learning & Development

Industrial Relations

Training

Employee Relations

Risk Management

Relevant Roles

Human Resources Manager

Training and Development Manager

Skills Development Facilitator

Legal Counsel

Compliance Officer

Learning and Development Specialist

HR Business Partner

Training Coordinator

Learnership Program Manager

Industrial Relations Manager

HR Director

Chief Human Resources Officer

Industries





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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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