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Labour Relations Act, 1995 (Act No. 66 of 1995)

Notices

National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry

Extension to Non-parties of the Consolidated Main Collective Agreement

Annexures

Annexure G : Student Agreement

 

ANNEXURE G

 

STUDENT AGREEMENT

 

Entered into by and between

 

_______________________________________

(as more fully appears on the schedule reflected on page 2)

("the Employer")

 

and

 

_______________________________________

(as more fully appears on the schedule reflected on page 3)

("the Student")

 

and

 

_________________________________________

(as more fully appears on the schedule reflected on page 3 & 4)

("Legal Guardian"; if student is under 18 years)

 

and

 

____________________________________________

(as more fully appears on the schedule reflected on page 2 & 3)

("Training Provider")

 

Student Enrolment Number: ____________________________

Council Employee Number: _____________________________

(OFFICE USE ONLY)

 

1. SCHEDULE

 

1.1 Full names of Employer, identity number/registration number:

______________________________________

 

1.2 Trading name of Employer (if applicable):

______________________________________

 

1.3 Address of Employer:

______________________________________

 

1.4 Postal address of Employer:

______________________________________

 

1.5 E-mail address of Employer:

______________________________________

 

1.6 Telephone number of Employer:

______________________________________

 

1.7 Contact person at Employer authorised to sign this agreement:

______________________________________

 

1.8 Name of Training provider, if not Employer:

______________________________________

 

1.9 Address of Training provider, if not Employer:

______________________________________

 

1.10 Postal address of Training provider, if not Employer:

______________________________________

 

1.11 Telephone number of Training provider, if not Employer:

______________________________________

 

1.12 E-mail address of Training provider, if not Employer:

______________________________________

 

1.13 Name of contact person at Training provider:

______________________________________

 

1.14 Full names and identity number of Student:

______________________________________

 

1.15 Address of Student:

______________________________________

 

1.16 Postal address of Student:

______________________________________

 

1.17 Telephone number of Student:

______________________________________

 

1.18 E-mail address of Student:

______________________________________

 

1.19 Is Student a South African Citizen:   YES / NO

 

1.20 If No, attach copy of working permit:

 

1.21 If Student is younger than 18 years when signing this agreement then paragraphs 1.22 to 1.26 must be completed.

 

1.22 Full names and identity number of legal guardian:

______________________________________

 

1.23 Address of legal guardian:

______________________________________

 

1.24 Postal address of legal guardian:

______________________________________

 

1.25 Telephone number of legal guardian:

______________________________________

 

1.26 E-mail address of legal guardian:

______________________________________

 

1.27 Commencement date of this agreement:

______________________________________

 

1.28 Termination date of this agreement:

______________________________________

 

1.29 Workplace name and address i.e. place where Student will be executing duties and responsibilities:

_______________________________________________________________________

 

_______________________________________________________________________

 

_______________________________________________________________________

 

1.30 The basic salary will be:

______________________________________

 

2. COMMENCEMENT DATE

 

2.1 This agreement commences on the Commencement date as set forth clause 1.27 above and shall continue until the Termination date as set forth clause 1.28 above, irrespective of the date of signing of this agreement.

 

3. VALIDITY OF THIS AGREEMENT

 

3.1 The Terms and conditions of this agreement is subject to the Collective agreement of the National Bargaining Council for the Hairdressing, Cosmetology, Beauty and Skincare Industry as published from time to time ("the Collective Agreement");

 

3.2 No indulgence or condonation by the Employer of any breach of any term of this agreement by the Student shall constitute a waiver of any of the Employer's rights in terms of this agreement and not amendment of this agreement shall be valid unless reduced to writing and signed by all parties.

 

4. APPOINTMENT AND JOB DESCRIPTION

 

4.1 The Student is appointed as a Student within the meaning of the Collective Agreement, the provisions of the Skills Development Act, Act 97 of 1998 and the Skills Development Amendment act, Act 37 of 2008.

 

4.2 A student, as per the Collective Agreement is defined as an employee, including a minor, employed in an establishment who is in training to become a qualified hairdresser.

 

4.3 The Student will be responsible to execute the duties and responsibilities as set forth in the main agreement as published.

 

5. PLACE OF WORK

 

5.1 The Student will execute the duties and responsibilities at the workplace as set forth in clause 1.29 above or such other place as the Employer may from time to time direct.

 

6. TERMS AND CONDITIONS OF EMPLOYMENT

 

6.1 All terms and conditions of employment shall be observed and complied with as prescribed by the main Collective Agreement as published from time to time.

 

7. GRIEVANCE PROCEDURE IN TERMS OF TRAINING

 

7.1 The Student shall, if aggrieved by any training action of the Employer or Training provider; lodge a grievance with the the Employer, Manager and/or training provider first.

 

7.2 The grievance must be in writing.

 

7.3 Should the Employer, Manager and/or training provider not be able to solve the grievance complained of within three working days, to the satisfaction of the Student, it must be referred to the National Bargaining Council for Hairdressing, Cosmetology Beauty & Skincare Industry to establish the merit of the grievance lodged by the Student.

 

7.4 The grievance procedure guidelines and authorised form is attached.

 

8. OUTWORK

 

8.1 Unless having received prior written consent from the Employer, the Student shall not perform any similar duties in favour of a third party as

 

8.2 Those recorded in this agreement other than in the course and within the scope of the Student's employment.

 

9. RECIPROCAL DUTIES OF PARTIES EMANATING FROM LEGISLATION

 

9.1 Employer's duties
9.1.1 The Employer shall:—
9.1.1.1 comply with legislation that may be applicable to the relationship between the Employer and the Student and to the workplace in general;
9.1.1.2 provide the Student with appropriate training in the workplace to achieve the relevant outcome required by the student agreement;
9.1.1.3 provide appropriate facilities to train the Student in accordance with the workplace component of learning;
9.1.1.4 provide the Student with adequate supervision at the workplace;
9.1.1.5 release the Student during normal working hours to attend education and training required by the student agreement;
9.1.1.6 pay to the Student the agreed learning allowance both while the Student is executing the duties as provided for in this agreement and while the Student is attending education and training away from the workplace;
9.1.1.7 conduct assessments or cause it to be conducted;
9.1.1.8 keep up to date records/log book of learning and periodically discuss progress with the Student;
9.1.1.9 To advise and provide copies to the Student of:
9.1.1.9.1 the terms and conditions of his or her employment as set forth in the Collective Agreement; and
9.1.1.9.2 the workplace policies and procedures;
9.1.1.10 apply the same discipline, grievance and dispute resolution procedures to the Student, as with other employees employed.
9.1.1.11 The employer is not permitted to charge or accept a premium from the Student for any internal training provided; in terms of the training agreement; either while under the Student Contract or after the termination of the contract.

 

9.2 Student's responsibilities
9.2.1 The Student shall:
9.2.1.1 work for the Employer as part of the learning process;
9.2.1.2 be available for and participate in all learning and work experience required by the student agreement;
9.2.1.3 comply with workplace policies and procedures;
9.2.1.4 complete any timesheet or written assessment tools supplied by the Employer together with the prescribed log book to record relevant workplace experience;
9.2.1.5 attend all theoretical and practical learning sessions with the training provider and undertake all learning conscientiously.

 

10. TRAINING PROVIDER

 

10.1 Should the employer not be the Training provider, the Training provider shall:—
10.1.1 provide education and training to the Student in terms of the agreement;

 

10.2 the student shall:
10.2.1 provide the Student support as required by the student agreement;
10.2.2 record, monitor and retain details of training provided to the Student in terms of the student agreement;
10.2.3 conduct assessments in terms of the student agreement or cause it to be conducted; and
10.2.4 provide reports and assessment results to all parties on the Student's performance.

 

EMPLOYER:

 

SIGNED at ____________________ on this _______ day of _____________________ 20 ___.

 

Witnesses:


1. _________________________

_______________________

EMPLOYER

(Signature)

2. _________________________

_______________________

(Signatures of witnesses)

EMPLOYER

(Full Name)

 

STUDENT:

 

SIGNED at ____________________ on this _______ day of _____________________ 20 ___.

 

Witnesses:


1. _________________________

_______________________

STUDENT

(Signature)

2. _________________________

_______________________

(Signatures of witnesses)

STUDENT

(Full Name)

 

LEGAL GUARDIAN:

 

SIGNED at ____________________ on this _______ day of _____________________ 20 ___.

 

Witnesses:


1. _________________________

_______________________

LEGAL GUARDIAN, IF

STUDENT UNDER 18 YEARS

(Signature)

2. _________________________

_______________________

(Signatures of witnesses)

LEGAL GUARDIAN, IF

STUDENT UNDER 18 YEARS

(Full Name)

 

TRAINING PROVIDER:

 

SIGNED at ____________________ on this _______ day of _____________________ 20 ___.

 

Witnesses:


1. _________________________

_______________________

TRAINING PROVIDER, IF

APPLICABLE

(Signature)

2. _________________________

_______________________

(Signatures of witnesses)

TRAINING PROVIDER, IF

APPLICABLE

(Full Name)

 

(OFFICE USE ONLY)

Registered at the office of the ____________________ on this _______ day of  _____________________ 20 ___.

 

Name and signature _____________________________________________________

 

Addendum A : Grievance Procedure in terms of Training in the Student Agreement