Section 1 – Definitions, Purpose and Application of this Act

In this Act, unless the context otherwise indicates:

 

  • “Basic Conditions of Employment Act” means the Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997);
  • “Department” means the Department of Labour;
  • “Director-General” means the Director-General of Labour;
  • “Employee” means any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration; or
  • any other person who in any manner assists in carrying on or conducting the
    business of an employer, and “employed” and “employment” have corresponding meanings;
  • “Employment services” means the provision of the service of advising or counselling of workers on career choices either by the provision of information or other approaches;
  • Assessment of work-seekers for- entry or re-entry into the labour market; or education and training;
  • The reference of work-seekers- to employers to apply for vacancies; or to training providers for education and training;
  • Assistance of employers by- providing recruitment and placement services;
  • Advising them on the availability of work-seekers with skills that match their needs;
  • (Advising them on the retrenchment of employees and the development of social plans; or
  • any other prescribed employment service;
  • “Government department” means any department or organisational component referred to in Schedule 1 or 2 of the Public Service Act, 1994 (Proclamation No. 103 of 1994);
  • “Labour Court” means the Labour Court established by section 151 of the Labour Relations Act, 1995 (Act No. 66 of 1995);
  • “Minister” means the Minister of Labour;
  • “National Skills Authority” means the National Skills Authority established by section 4;
  • “National skills development policy” means the national skills development policy referred to in section 5 (1) (a) (i);
  • “National skills development strategy” means the national skills development strategy referred to in section 5 (1) (a) (ii);
  • “National Skills Fund” means the National Skills Fund established by section 27;
  • “NEDLAC” means the National Economic Development and Labour Council established by section 2 of the National Economic Development and Labour Council Act, 1994 (Act No. 35 of 1994);
  • “Prescribed” means prescribed by regulation;
  • “Regulation” means a regulation made and in force in terms of section 36;
  • “SETA” means a sector education and training authority established in terms of section 9 (1);
  • “Skills Development Levies Act” means national legislation imposing levies for skills development;
  • “Skills development levies” means the skills development levies payable in terms of the Skills Development Levies Act;
  • “This Act” includes any regulations but does not include the footnotes; and
  • “Worker” includes an employee, an unemployed person and a work-seeker. (Date of commencement of s. 1: 2 February 1999.)

 

Purposes of Act.

 

(1)  The purposes of this Act are-

 

(a)  To develop the skills of the South African workforce-

  • To improve the quality of life of workers, their prospects of work and labour mobility;
  • To improve productivity in the workplace and the competitiveness of employers;
  • To promote self-employment; and
  • To improve the delivery of social services;(b)  to increase the levels of investment in education and training in the labour market and to improve the return on that investment;

(c)  to encourage employers-

  • To use the workplace as an active learning environment;
  • To provide employees with the opportunities to acquire new skills;
  • To provide opportunities for new entrants to the labour market to gain work
    experience;
  • To employ persons who find it difficult to be employed;(d)  To encourage workers to participate in learnership and other training programmes;

(e)  To improve the employment prospects of persons previously disadvantaged by unfair discrimination and to redress those disadvantages through training and education;

(f)  To ensure the quality of education and training in and for the workplace;

(g)  to assist-

  • Work-seekers to find work;
  • Retrenched workers to re-enter the labour market;
  • Employers to find qualified employees; and
  • To provide and regulate employment services.

 

(2)   Those purposes are to be achieved by-

 

(a)  establishing an institutional and financial framework comprising-

  • The National Skills Authority;
  • The National Skills Fund;
  • a Skills development levy-grant scheme as contemplated in the Skills Development Levies Act;
  • SETAs; labour centres; and the Skills Development Planning Unit;

(b)  encouraging partnerships between the public and private sectors of the economy to provide education and training in and for the workplace; and

(c)  co-operating with the South African Qualifications Authority. (Date of commencement of s. 2: 2 February, 1999.)

 

(3)   Interpretation- Any person applying this Act must interpret its provisions to give effect to-

 

(a)  its purposes; and

(b)  the objects of the South African Qualifications Authority Act.

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