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.