1. Learning Programmes Implementation and Regulations
January 2019

2. Presentation Outline
Registration of Learners for 2018/2019 and Uploading of Learner Achievements on I Share
SETA Workplace Based Learning Programme Agreement Regulations 2018
Administration of Learning Programmes – Back to Basics
Discretionary grants applications and allocation for 2019/20 Financial year
Discretionary Grants allocation requirements
Topical National Issues

3. Registration of Learners for 2018/2019 and Uploading of Learner Achievements on I Share
Companies with Grant Allocations were requested to submit the Learnership Agreements for Registration by the End November 2018 cut-off date.
The MQA is now going to apply the “Use it or Lose it Principle”.
Unused allocation will be forfeited and re-allocated during the month of February 2019 (Communique to follow).
Companies (through their Training Providers) are urged prioritize the loading of Learner achievements on I Share on a continuous basis.
The loading of competence against Unit Standards achieved at the end of training is creating problems for payment of Third Tranche payments for the MQA.

4. SETA Workplace Based Learning Programme Agreement Regulations 2018
The New Workplace Based Learning Programme Agreement (WBLPA) Regulations were signed by the Minister on 28/10/2018.
The Regulations are effective from 01 April 2019 and will replace the 2007 Learnership Regulations.
Note: The Skills Development Act No. 97 of 1998 as Amended provides that “ a learning programme includes a learnership, apprenticeship, a skills programme and any other prescribed learning programme which includes a structured work experience component”.
The new WBLPA Regulations provides for the inclusion of Candidacy and Internships as forms of learning programmes that shall be governed by these regulations.

5. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 1 - Definition and Application: No significant changes.
Chpt 2 – Parties to Agreement: No changes.
Chpt 3 – Registration of Agreement
Submission of agreement form:
5 (1) – The DHET prescribed agreement form may not be altered.
5 (4) - The agreement form must be submitted to the SETA within 30 days from the date on which the learner signed.
5 (5) - The SETA must confirm to the sender in writing the date on which the agreement form was received.

6. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 3 – Registration of Agreement (continued)
Conditional placement of learner:
6 (1) - When a learner has signed an agreement, the employer must forthwith conditionally place the learner on the relevant workplace based learning programme pending a SETA’s registration and compliance process.
Additional requirements for a group of employers to an agreement:
8 (a) – The lead employer must be geographically located in
South Africa
8 (c) – All employers who are party to the agreement are approved for the structured work experience component.

7. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 3 – Registration of Agreement (continued)
Additional requirements for a group of providers:
9 (a) – The lead provider is geographically located within South Africa.
9 (b) – Every provider who is party to the agreement is accredited for the component of the curriculum associated with the learning programme.
9 (c)(i) – The lead provider enters into a binding agreement with the accredited provider parties to provide the relevant curriculum components.
9 (c)(iii) – The lead provider ensures that the accreditation status of the provider parties to the agreement is maintained for the duration
of the agreement.

8. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 3 – Registration of Agreement (continued)
Registration decision by SETA:
10 (1) – If within 30 working days of receiving an agreement a SETA has verified that the requirements of the regulations are met, the SETA must-
10 (1)(c) – make available a copy of the agreement to each party as and when requested to do so.
10 (2) – If a SETA is unable to register, it must notify each party providing reasons within 14 days of its decision.
Suspension of agreement
13 (1) – A SETA may suspend a learning programme agreement for a specified period on request by the learner or employer provided the other party has also made representation and the application is in
Writing.

9. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 3 – Registration of Agreement (continued)
Suspension of agreement
13 (4) – The employer must inform the SETA in writing of the re-commencement of the agreement within seven (7) calendar days of re-commencement.
Certification of learner achievements
15 (1) – Learners must within 30 working days be issued with a certificate once the assessment and verification processes are concluded by the relevant Quality Council or delegated body.
Completion of agreement
16 (a) - When the end date specified in the agreement is reached the SETA must inform the learner and the employer of the completion
And advise on any outstanding matters related to it.

10. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 3 – Registration of Agreement
Completion of agreement
16 (b) – The SETA must also inform DHET after six (6) months from the date of completion in a format determined by DHET whether the learners is employed full time or part time by an employer.
Chpt 4 – Registering Learnership Programmes with DHET
Not relevant for employers – Only SETAs register programmes with DHET.
Chpt 5 – Referral of dispute
20 (1) - Dispute relating to employment related issues referred to CCMA 20 (2) - Disputes related to quality and delivery of education referred to the relevant SETA.
20 (3) If unresolved within 30 days referred to DHET or QCTO

11. SETA Workplace Based Learning Programme Agreement Regulations 2018
Chpt 6 – Administrative provisions
Transitional arrangements
23 (1) Provider Accreditation applications for historic qualifications registered on the OQSF post 30 June 2018 to be done with QCTO.
23 (2) Provider Accreditation applications for new occupational qualifications to be done with QCTO.
23 (3) Disputes that originated and for which the process commenced prior these new regulations will be managed and resolved using the provisions of the old regulations.

12. Administration of Learning Programmes – Back to Basics
The 2007 Learnership Regulations still in force till 31 March 2019.
The 2007 and New Regulations require of companies to register Learnership Agreement before commencement of training.
The employer party must fall within the scope of coverage of the said SETA and pay levies to that SETA.
MQA Funding Policy does not allow association of grants to Learners that were registered in a prior year for the SETA funded Learners.
Sector funded Learners are not affected by this provision.
Companies must provide all and clear supporting documents – this delays the registration process.
Adhere to the minimum stipends set out in Sectorial Determination no. 5 of the BCEA.

13. Administration of Learning Programmes – Back to Basics
Altering the Terms of the Agreement: Must be approved by the SETA.
Transfer of Learners/Substituting Employers: Written application and Agreement setting the Terms of the Agreement signed by all parties approved by the SETA.
Termination of Learners: Must be approved by the SETA with consent from all parties.
Expired contracts: Request extension from the SETA a month before the contract expires.
Workplace approval: Required for companies training on Trade Qualifications.
SETAs responsible for workplace approval. Workplace approval from another SETA for a relevant Trade accepted.

14. Discretionary Grants Applications and Allocations 2019/2020
Application window opened on 17 December 2018 and closes at midnight on 21 February 2019
Manual application process
Targets have improved as compare to the 2018/19 targets.
Grant levels for all projects remain the same as in 2018/19, except MDP (grant level changed and type of funded programmes)
The following are approved projects for 2019/20 financial year
Work Experience (550);
Internships (500);
Management Development Programme (100);
TVET College Support – NCV Level 4 Graduates (150);
Mine Community Development (1050) ;
Unemployed Youth Development (1800);
Small Scale Mining Programmes (150);
Adult Education and Training (1000);
OHS Representatives Development & Other Health and Safety Programmes (3000);
Artisan Development Programmes (800);
Artisan Aides Programmes (97);
Non-Artisan Learnerships (core, Beneficiation, RPL and People with disabilities (1075);

15. Discretionary Grants Applications and Allocations 2019/2020 Cont…
Discretionary Grants Allocations:
Finalise allocation by end of April 2019.
Implement cut off dates for acceptance of allocation and up take of learners as well as submission of required documents.
Submission of intake plan is compulsory and implementation of intake plan to be monitored

16. Discretionary Grants Allocations Requirements for 2019/2020
MQA registered levy payer/exempted
MQA reserves the right to limit allocations for certain disciplines as aligned to the Sector Skills Plan
Employers who employ 50 or more employees must complete and submit a PIVOTAL training plan and report using the approved MQA template which is available on the MQA website.
Employers employing less than 50 employees will not be required to submit a PIVOTAL training plan and report. Such employers will be required to provide information on participation in PIVOTAL programmes.

17. Discretionary Grants Allocations Requirements for 2019/2020 Cont.…
Past performance of organisations in implementing MQA discretionary grant projects will be used to make decisions on allocation of discretionary grant (includes but not limited to: uptake of learners against allocation; severity learner complaints; timeous feedback on progress of implementation; submission of required supporting documents. In each project exceptions will be made for organisation and employer that will be participating for the first time.
Non artisan Learnership, artisan aides and OHS programmes - The employer must utilise MQA accredited SDP who have the capacity and resources to conduct training as per the Quality Assurance requirements.

18. Discretionary Grants Allocations Requirements for 2019/2020 Cont.…
Should applications received be more than the target per discretionary project, a pro rata consideration jointly with capacity requirements will be applied.
Allocation for artisan project will require the employer to be workplace approved for the site in which the Work Integrated Learning is to be conducted.
Proposals for Mine Community will be considered on price competitiveness in relation to the MQA grant levels for programmes of similar duration, the quality and duration of training intervention to be delivered as stipulated in the proposal

19. Discretionary Grants Allocations Requirements for 2019/2020 Cont.…
MQA reserves the right to conduct due diligence audits before or after allocation of discretionary grants (this may be desktop or physical).
Due diligence audits will include but not limited to the verification of the following:
Site where the Work Integrated learning will be conducted (infrastructure and human resources)
Validity of Service Level Agreements signed with employers
Approved work places where applicable
Declaration and confirmations of conflict of interest issues as per the MQA conflict of interest policy
Previous performance on discretionary grants
Conduct of corrupt activities National Treasury database of blacklisted companies
Conduct tax compliance checks as per National Treasury Instruction No 3 of 2014/2015 Tax compliance measures for persons conducting business with the State.

20. Topical National Issues
The “National Artisan Development Strategy” is still in the process of being approval by the DHET.
New National Skills Development Plan is also still in the approval stages.
The Public Comments period for the National Register of Artisans Regulations of 2018 has closed.
The final decision on the New SETA Landscape has not yet been taken by the National Skills Authority.
Companies should take cognisance of the Amendments to Section 12 (H) of the Income Tax Act in relation to Tax Rebates for Learners in Learnerships/Apprenticeships.
An National Artisan Career Festival will be take place from February at the Durban ICC alongside the SA World Skills Competition.
The National Artisan Development Conference is scheduled for 05 – 06 December 2019.

21. Thank You ?