Statistics Act, 1999
R 385
Manpower Training Act, 1981 (Act No. 56 of 1981)Chapter 2 : Registrar of Manpower Training, Training Boards, Training of Apprentices and Attainment of Artisan Status23. Suspension of apprentices |
| 1) | If an employer is satisfied that an apprentice bound to him by contract in terms of this Act has committed a serious breach of the terms of the contract or of any condition of apprenticeship, he may forthwith suspend the apprentice in his service for a period not exceeding the number of days ordinarily worked in a week in the industry in question, or such further period as the training board in question may from time to time allow. |
| 2) |
| a) | If in the opinion of the training board an apprentice has acted in a manner justifying his suspension in terms of subsection (1), and he has not been suspended by the employer concerned, the training board may at any time by written notice order the suspension of the apprentice in the service of the employer concerned as from such date and for such period, not exceeding 30 working days, as the training board may determine. |
| b) | A training board may in writing and subject to such conditions as it may determine, delegate the powers conferred upon it by paragraph (a) to any of its training committees to be exercised, subject to the directions of the training board, by that training committee in respect of apprentices within that training committee’s area of jurisdiction. |
| c) | Any such delegation may at any time be withdrawn by the training board. |
| 3) | Any employer who has so suspended an apprentice shall report the matter in writing to the training committee in question within three days of the date on which he suspended the apprentice. |
| 4) | The training committee in question shall, as soon as may be, inquire into and submit any suspension in terms of subsection (1) to the training board concerned for confirmation, amendment or setting aside: Provided that the period of any suspension as so amended shall not exceed thirty working days. |
| 5) | If the training board amends or sets aside the suspension of an apprentice in terms of subsection (4), it may order that any or all of the remuneration which may have been withheld from the apprentice during the period of suspension, be paid to a specified officer within such period as the training board may direct. |
| 6) | An order made in terms of subsection (5) and any decision in terms of subsection (7) in respect of any such order, other than a rescission thereof, shall have the effect of, and may be executed as if it were, a civil judgment in favour of the Government of the Republic, and the specified officer shall pay any amount received by him in pursuance of the order or decision to the apprentice concerned or, if he is a minor, to his guardian. |
| 7) | If an employer or an apprentice feels aggrieved by any decision of a training board in terms of this section, or if a training board fails to give any decision within 30 days, he may at any time within 30 days of the decision, appeal to the registrar or submit the matter, after the expiration of the said period, to the registrar, as the case may be, and the registrar may thereupon, after consultation with the parties in question, confirm the decision of the training board or give such other decision as, in his opinion, the training board ought to have given, or decide the matter, as the case may be. |
| 8) | The suspension of an apprentice shall not release him from compliance with any condition of apprenticeship prescribed or deemed to have been prescribed in terms of section 13(2)(d), (e) or (f). |
| 9) | The provisions of this section shall not apply in respect of apprentices employed by the State. |
