ETI – LEGISLATION BREAKDOWN IN SIMPLE TERMS

Proviso
Due to ETI abuse schemes, a change was made to the section 6 to add the following proviso —
“Provided that the employee is not, in fulfilling the conditions of their employment contract during any month, mainly involved in the activity of studying, unless the employer and employee have entered into a learning programme as defined in section 1 of the Skills Development Act, 1998 (Act No. 97 of 1998), and, in determining the time spent studying in proportion to the total time for which the employee is employed, the time must be based on actual hours spent studying and employed”

Unpacking the Proviso:
“Mainly” is interpreted to mean more than 50%.
“Mainly involved in the activity of studying”, must be measured based on actual hours spent studying and employed. This portion is interpreted as: determining the time spent studying in proportion to the total time for which the employee is employed and must be based on actual hours studying and employed.
This proviso does not apply to learning programmes as defined as stated in the proviso and if the employer and employee have entered into a learning programme as defined, the employer is not required to track the actual hours worked and studying.