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Policy information

Approved by Council Date 7 December 2013
Policy owner Manager: Staff Learning Centre
Reviewed by HRMAG, SDC, VCMAG, Deans, ERMC, UHRC, IF, Senate, Council (view acronym list)
Final delegated authority Executive Director: Human Resources
Enquiries Manager: Staff Learning Centre (view contacts)

Policy summary

  Learnerships
Section 1 of the policy		 Graduate Internships
Section 2 of the policy		 Practical Internships
Section 3 of the policy
Terms and conditions Set via Skills Development Act, BCEA (1997) Sectoral Determination No. 5, learnership agreement, and contract of employment Set via contract of employment Set via contract of employment
Learning programme Set via learnership and qualification, formally assessed through the learning provider or institution of learning Set via programme of workplace experience, which may be formally assessed by a statutory occupation or professional body Set via relevant learning institution, qualification, and programme of workplace experience, formally assessed by the institution of learning
Learning achievement Theoretical knowledge and workplace learning, resulting in the achievement of a qualification Professional workplace learning which may be recognised through registration or licensing by a statutory occupational or professional body  Practical workplace learning, resulting in the achievement of a qualification
Mentor Appointed from department or faculty Appointed from department or faculty Appointed from department or faculty.
Title Learner or Apprentice Graduate Intern Practical Intern   

Position Description

 

 

 

 

If unemployed learner, either

If employed learner, current position description.

If unemployed graduate intern,

 

 

If unemployed learner,

 

 

 
Employment contract If unemployed learner. T1 contract (which may extend beyond 2 years if necessary)

If employed learner, current employment contract		 One year T1 contract
(maximum of 1 year)		 One year T1 contract
(maximum of 1 year)
Termination Completion of learnership, SETA approval, or fair dismissal Completion of contract, or according to UCT's ER policies and practise Completion of contract, or according to UCT's ER policies and practise
Conditions of Service If unemployed learner, BCEA (1997) Sectoral Determination No. 5, or T1 conditions and UCT policies, whichever is the greater.

If employed learner, current conditions not affected		 T1 conditions and UCT policies T1 conditions and UCT policies
Remuneration If unemployed learner, per BCEA (1997) Sectoral Determination No. 5, per position grade, or per government stipend (e.g. SETA).

If employed learner, current remuneration not affected		 Per position grade, or per government stipend (e.g. SETA). Minimum salary scale on Payclass 1 for a T1 contract, per position grade, or per government stipend (e.g. SETA).
Recruitment & selection Standard UCT recruitment & selection policies apply

May be UCT staff, unemployed or sourced via Department of Labour		 Standard UCT recruitment & selection policies apply

Preferably offered to UCT alumni		 Standard UCT recruitment & selection policies apply.

May be sourced through an academic institution
Registration Lodged with UCT's Human Resources Organisational Development section. Lodged with UCT's Human Resources Organisational Development section. Lodged with UCT's Human Resources Organisational Development section.

Purpose

The Skills Development Act 97 of 1998 (SDA) aims to develop the skills of the South African workforce and to improve the quality of life of workers and their prospects of work. It aims to support the improvement of productivity in the workplace and the competitiveness of employers, and to promote self-employment. It also provides a framework to devise and implement national, sector and workplace strategies to develop and improve the skills of the South African workforce. To this end it makes provision for learnerships.

While the act does not regulate internships, these learning opportunities also support the aims of the act. Internships are required in some cases for the completion of a qualification, or are used to give graduates workplace exposure to enhance their chances of future employment. The aim and intention of a learnership or internship is learning and development for that learner and intern.

The purpose of the policy is to:

  • provide policy, process, terms and conditions for the employment of interns
  • provide policy, process, terms and conditions for the employment of learners
  • ensure compliance with Skills Development legislation.

Definitions

Term Definition
Learnership A supervised and structured learning programme that combines theoretical learning and practical, workplace learning of a specified nature and duration. The learning achievements are formally assessed by the accredited skills development provider/assessor. A learnership leads to a qualification registered by the South African Qualifications Authority and is related to an occupation. A Sector Education and Training Authority (SETA) establishes a learnership, and registers it with the Director-General of Labour in the prescribed manner. There is a list of registered learnerships in which one can partake. A formal learnership agreement exists between the employer, the learner and training provider.
Employed learner A person completing a learnership that was already in the employ of the University before entering into that learnership
Unemployed learner A person completing a learnership at the University of Cape Town that was unemployed before entering into that learnership.
Apprenticeship A type of learnership. The SDA defines an apprenticeship as a learnership in respect of a listed trade, and includes a trade-test in respect of that trade.
Internship A supervised and structured workplace experience programme that provides practical, on-the-job training and learning of a specified nature and duration. The internship is not registered with any external formal body (only with the Human Resources Organisational Development section). The SDA does not define or set out any specific legal requirements for an internship and it does not lead to a formal qualification.
Graduate internship A type of internship. The intern has already completed a SAQA registered qualification and requires workplace exposure to enhance their chances of future employment. The intern is given the opportunity to contextualise and apply the skills and knowledge gained during his or her studies. The learning outcomes are formalized and, aligned to the relevant field. A formal employment contract exists between the employer and the intern.

(A graduate internship does not include a graduate employed on a fixed term contract with UCT, where the primary benefit of the work undertaken is for UCT's benefit. A graduate internship is run primarily for the intern's benefit and development)
Practical internship A type of internship. The intern is currently enrolled at a tertiary institution for a SAQA registered qualification, and is required to obtain workplace practical experience as part of his or her study programme. The workplace exposure gives the intern an opportunity to develop and learn new skills and knowledge relevant to the qualification. The learning outcomes are formalized and linked to the relevant qualification. A formal employment contract exists between the employer and the intern.
Mentor An experienced, qualified person who is appointed to offer advice, knowledge and insight to aid the intern's professional and personal development. The mentor could manage the internship programme of the department or faculty, or be appointed as mentor to a specific intern(s) as part of the internship programme.

Applicable to

  • all learnership agreements with UCT
  • all interns employed on UCT conditions of service (PASS and academic, GOB, non-GOB and research).

Not applicable to

  • Joint/tripartite staff members not on UCT conditions of service (i.e. UCT/WCG and UCT/NHLS).
  • Current students appointed as staff in roles linked to their studentship (e.g. demonstrators, tutors, sub-wardens, library assistants etcetera).
  • Graduates employed in fixed term contracts with UCT, where the primary benefit of the work undertaken is for UCT's benefit. These are considered fixed term or ad hoc employees.
  • Post-doctoral appointments.
  • Volunteers.

Policy details

  1. Learnerships

    1. 1.1. The employer (UCT), learner and training provider each have duties that must be fulfilled.

      1. 1.1.1. UCT (the employer) will:

        1. comply with its duties in terms of the Skills Development Act 97 of 1998 and all other applicable legislation including:
          • Basic Conditions of Employment Act (No. 75 of 1997) and any applicable determination made in terms of section 18(3) of the Act
          • Labour Relations Act (No. 66 of 1995)
          • Employment Equity Act (No. 55 of 1998)
          • Occupational Health and Safety Act (No. 85 of 1993) or Mine Health and Safety Act (No. 27 of 1996)
          • Compensation for Occupational Injuries and Diseases Act (No.130 of 1993)
        2. provide the learner with appropriate training in the work environment to achieve the relevant outcomes required by the learnership
        3. provide appropriate facilities and resources to train the learner in accordance with the workplace component of learning
        4. provide the learner with adequate supervision at work
        5. release the learner during normal working hours to attend off-the-job education and training required by the learnership
        6. pay the learner the agreed learning allowance both while the learner is working for the employer and while the learner is attending approved off-the-job training
        7. conduct on-the-job assessment, or cause it to be conducted
        8. keep up-to-date records of learning and periodically discuss performance and progress with the learner
        9. in the case of an unemployed learner, advise the learner of the terms and conditions of his or her employment, including the learning allowance and workplace policies and procedures
        10. apply the same disciplinary, grievance and dispute resolution procedures to the learner as to other employees.

      2. 1.1.2. The learner will:

        1. work for UCT as part of the learning process
        2. be available for and participate in all learning and work experience required by the learnership
        3. comply with UCT policies and procedures
        4. complete any timesheets or any written assessment tools supplied by UCT to record relevant workplace experience and progress
        5. attend all study periods and theoretical learning sessions with the training provider and undertake all learning conscientiously.

      3. 1.1.3. The training provider will:

        1. provide education and training in terms of the learnership
        2. provide support to the learner as required by the learnership
        3. record, monitor and retain details of training provided to the learner in terms of the learnership
        4. conduct off-the-job assessment in terms of the learnership, or cause it to be conducted
        5. provide reports to UCT on the learner's performance and progress.

    2. 1.2. Learnership agreement

      1. 1.2.1. A learnership agreement governs the terms and conditions of the learnership. Such an agreement is entered into for a specified period between the learner, the university and a training provider.

      2. 1.2.2. The learnership agreement must include:

        1. details of the learner
        2. details of the parent or guardian (if the learner is a minor)
        3. details of UCT
        4. details of the training provider
        5. learnership details which include the name of the learnership, the Department of Labour registration number of the learnership and the commencement and termination date of the learnership
        6. details of what the learnership is designed to achieve (the qualification that the learner will earn and the skills she or he will be able to perform)
        7. the responsibilities and the rights of UCT, the learner and the training provider.

      3. 1.2.3. The relevant SETA may provide this contract, or the Department of Labour template may be used.

      4. 1.2.4. The learnership agreement must be registered with the relevant SETA.

    3. 1.3. Mentor

      A mentor must be appointed for each learner, within the relevant department or faculty. This role can be split between more than one person. She or he is responsible for:

      1. managing the learnership
      2. supervising the learner
      3. allocating tasks and practical work assignments
      4. assessing performance and progress
      5. coaching and mentoring, offering advice, knowledge, insight and on-the-job training
      6. related administration.

    4. 1.4. Employment contract

      1. 1.4.1. In the case of an unemployed learner, a fixed-term T1 employment contract is entered into. This T1 contract may however extend beyond two years to accommodate the duration of the learnership.

      2. 1.4.2. In the case of an employed learner, the learner's contract of employment is not affected by the learnership agreement.

      3. 1.4.3. The position title of a learner is 'Learner'. The position title of an apprentice is 'Apprentice'.

      4. 1.4.4. In the case of an unemployed learner, there should be no expectation of further employment with UCT beyond the end of the learnership agreement. However, learners are able to apply for UCT vacancies through the normal recruitment and selection processes.

    5. 1.5. Termination

      1. 1.5.1. In the case of an unemployed learner, the learner's employment contract only ends in one of the following circumstances:

        1. The specified learnership period has ended
        2. A learner successfully completes his learnership
        3. UCT and the learner have agreed to do so in writing or if the SETA has approved it
        4. A learner is fairly dismissed for his misconduct or incapacity as a worker, according to standard UCT employee relations policies and practice.

      2. 1.5.2. In the case of an employed learner, the learner's contract of employment is not affected by the learnership agreement.

    6. 1.6. Conditions of employment

      1. 1.6.1. The Basic Conditions of Employment Act no 75 of 1997: Sectoral Determination No. 5: Learnerships, establishes the conditions of employment for all unemployed learners in South Africa. Where the T1 conditions are considered greater that those contained in Sectoral Determination No. 5, then the T1 fixed-term contract conditions will apply.

      2. 1.6.2. The learner will fall under all other relevant UCT policies applicable to its employees.

      3. 1.6.3. In the case of an employed learner, the learner's conditions of employment are not affected by the learnership agreement.

    7. 1.7. Remuneration

      1. 1.7.1. The Basic Conditions of Employment Act no 75 of 1997: Sectoral Determination No. 5: Learnerships establishes the rates of allowances for all unemployed learners in South Africa. This rate of allowance is a percentage of the relevant remuneration level for the relevant position grade, and is the rate at which UCT remunerates its learners.

      2. 1.7.2. Normal policy and practice regarding the position grading of the post applies. The grade of the post is determined by evaluating the role that the unemployed learner would perform on obtaining the qualification for which the learnership is registered.

      3. 1.7.3. In the case of some apprenticeships, the relevant SETA sets the unemployed learner allowance. This is then the rate at which UCT remunerates its learners.

      4. 1.7.4. Should a SETA provide funding for the remuneration of the unemployed learner, UCT will provide any necessary 'top-up' to increase the level of remuneration to those rates referred to in point 1.7.1 above.

      5. 1.7.5. In the case of an employed learner, the learner's remuneration is not affected by the learnership agreement.

    8. 1.8. Recruitment and selection

      1. 1.8.1. Learners may be chosen from current UCT staff (employed learners) and/or from the unemployed sector or outside of UCT.

      2. 1.8.2. In both cases the standard UCT recruitment and selection policies, procedures and principles apply.

      3. 1.8.3. Should the target group be unemployed learners, the recruitment and selection process may include contacting the Department of Labour for available candidates.

    9. 1.9. Registration of learnerships

      Details of all learnerships, including copies of all relevant SETA documentation and the learnership, agreement must be lodged with Human Resources Organisational Development section.

  2. Graduate Internships

    1. 2.1. Workplace experience programme

      A Graduate Internship Work Experience Description (HR195c) must be drawn up and must include:

      1. the nature of the programme (graduate internship)
      2. the relevant field
      3. the duration of the program
      4. the name of the mentor
      5. the learning outcomes (skills and knowledge)
      6. level and areas of supervision
      7. the specific position functions, tasks or objectives to be performed.

    2. 2.2. Mentor

      A mentor must be appointed for each intern within the relevant department or faculty. This role can be split between more than one person. She or he is responsible for:

      1. managing the internship
      2. supervising the intern
      3. allocating tasks and practical work assignments
      4. assessing performance and progress
      5. coaching and mentoring, offering advice, knowledge, insight and on-the-job training
      6. related administration.

    3. 2.3. Employment contract

      1. 2.3.1. A standard fixed-term T1 employment contract is entered into. The workplace experience programme forms an addendum to this contract.

      2. 2.3.2. The position title of an intern undertaking a graduate internship is 'Graduate Intern'.

      3. 2.3.3. An internship is offered for a maximum duration of one year. It will not be extended beyond a year, nor may a second subsequent internship be offered.

      4. 2.3.4. Should a formal, structured, internship programme be implemented, that requires more than one-year's employment, this programme may extend beyond one year on the approval of the Executive Director for Human Resources, before the commencement of the internship.

      5. 2.3.5. There should be no expectation of further employment with UCT beyond the end of the internship agreement. However, interns are able to apply for UCT vacancies through the normal recruitment and selection processes.

    4. 2.4. Termination

      1. 2.4.1. Standard UCT employee relations policies and practice regarding termination apply.

    5. 2.5. Conditions of employment

      1. 2.5.1. Graduate interns are employed on T1 fixed-term contract conditions of service.

      2. 2.5.2. The intern will fall under all relevant UCT policies.

    6. 2.6. Remuneration

      1. 2.6.1. Normal policy and practice regarding position grading applies. The rate is determined by grading the position in which the intern will be performing.

      2. 2.6.2. The standard UCT remuneration policies apply.

      3. 2.6.3. Should a SETA or similar government entity provide funding for the remuneration of the intern, UCT may provide any necessary 'top-up' to increase the level of remuneration to those rates referred to in points 2.6.1. and 2.6.2 above.

    7. 2.7. Recruitment and selection

      1. 2.7.1. The standard UCT recruitment and selection policies, procedures and principles apply.

      2. 2.7.2. Where possible, it is preferable that graduate internships are offered to UCT alumni.

    8. 2.8. Additional contracts

      1. 2.8.1. Should funding (or part-funding) be provided through a SETA or similar government entity, further contractual arrangements may be necessary.

    9. 2.9. Registration of internships

      1. 2.9.1. Details of all internships, including the Graduate Work Experience Description (HR195c), must be lodged with Human Resources Organisational Development section.

  3. Practical Internships

    1. 3.1. Workplace experience programme

      A programme of workplace experience must be drawn up and include:

      1. the nature of the programme (practical internship)
      2. the relevant qualification
      3. the relevant academic institution with contact details
      4. the duration of the program
      5. the name and contact details of the mentor
      6. the learning outcomes (skills and knowledge)
      7. level and areas of supervision
      8. the specific functions, tasks or objectives to be undertaken (the HR191 form 'Position Description' can be used).

    2. 3.2. Mentor

      A mentor must be appointed for each intern within the relevant department or faculty. This role can be split between more than one people. She or he is responsible for:

      1. managing the internship
      2. supervising the intern
      3. allocating tasks and practical work assignments
      4. assessing performance and progress
      5. coaching and mentoring, offering advice, knowledge, insight and on-the-job training
      6. completing reports for the learning institution
      7. related administration.

    3. 3.3. Employment contract

      1. 3.3.1. A standard T1 fixed term employment contract is entered into. The workplace experience programme forms an addendum to this contract.

        3.3.2. The position title of an intern undertaking a Practical Internship is 'Practical Intern'.

        3.3.3. An internship is offered for a maximum duration of one year. It will not be extended beyond a year, nor may a second subsequent internship be offered.

        3.3.4. There should be no expectation of further employment with UCT beyond the end of the internship agreement. However, interns are able to apply for UCT vacancies through the normal recruitment and selection processes.

    4. 3.4. Termination

      1. 3.4.1. Standard UCT employee relations policies and practice regarding termination apply.

    5. 3.5. Conditions of employment

      1. 3.5.1. All interns are employed on T1 fixed-term contract conditions of service.

      2. 3.5.2. The intern will be subject to all relevant UCT policies.

      3.6. Remuneration

      1. 3.6.1. The intern will be paid at the minimum of the salary scale for a Payclass 1 on T1 fixed term conditions of service.

      2. 3.6.2. The standard UCT remuneration policies apply.

      3. 3.6.3. Should a SETA provide funding for the remuneration of the intern, UCT will provide any necessary 'top-up' to increase the level of remuneration to those rates referred to in point 3.6.1. above.

    6. 3.7. Recruitment and selection

      1. 3.7.1. Internship programmes may be designed so that an agreement exists between an academic institution and the university whereby the academic institution provides interns for the university, who in turn provides structured work experience targeted at developing specific skills. In this case, UCT's recruitment and selection principles apply.

      2. 3.7.2. Internship programmes may also be designed so that the university recruits interns directly, and then enters into an agreement directly with the intern. In this case, the standard UCT recruitment and selection policies, procedures and principles apply.

    7. 3.8. Additional contracts

      1. 3.8.1. Internship programmes may be designed so that an agreement exists between an academic institution and the university whereby the academic institution provides interns for the university, who in turn provides structured work experience targeted at developing specific skills.

      2. 3.8.2. Should funding (or part-funding) be provided through a SETA, further contractual arrangements with the SETA may be necessary.

    8. 3.9. Registration of internships

      1. 3.9.1. Details of all internships, including the workplace experience program, must be lodged with Human Resources Organisational Development section.

Consultation and approval

The following parties were consulted in drawing up this policy.

  • The HR policy QA group and all HR Practitioners
  • Human Resources Management Advisory Group (HRMAG)
  • Staff bodies
  • Staff Development Committee (SDC)
  • Deans of faculties
  • Employee Relations Management Committee (ERMC)
  • Vice-Chancellor's Management Advisory Group (VCMAG)
  • University Human Resource Committee (UHRC)
  • Institutional Forum (IF)
  • Senate
  • Bowman and Gilfillan

Related links

This policy should be read in conjunction with:

Page last updated: 13 December 2022