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eSwatini
Industrial and Vocational Training Act
Act 16 of 1982
- Commenced on 1 April 1986 by Industrial and Vocational Training Act (Date of Commencement) Notice, 1986
- [This is the version of this document at 1 December 1998.]
Part I – Preliminary
1. Short title
This Act may be cited as the Industrial and Vocational Training Act.2. Interpretation
In this Act, unless the context otherwise requires—“appointed day” means such day as the Minister may appoint, by notice in the Gazette, for the coming into operation of this Act or any provision thereof;“apprentice” means a person who is bound by a written contract to serve an employer for a period not exceeding an aggregate of five years, or such lesser period as the Board may determine under the provisions of section 29(2), with a view to acquiring knowledge, including theory and practice, of a trade or occupation in which the employer is reciprocally bound to instruct that person;“apprenticeable trade” means a trade or occupation designated by the Minister under section 16(4);“Board” means the Industrial and Vocational Training Board established under section 6;“contract” means a contract of apprenticeship or a contract of traineeship as the context may require;“competent person” means a person possessing qualification or experience or both, necessary for any purpose under this Act;“Committee” means a Committee established under section 9;“Director” means the Director of Industrial and Vocational Training appointed under section 5;“employer” means any person or undertaking, corporation, company, public authority or body of persons who or which has entered into a contract of employment with an employee and includes:—(a)any agent, representative, foreman or manager of such person, undertaking, corporation, company, public authority or body of persons who is placed in authority over that employee; or(b)in the case of any such person—(i)who has died, his executor;(ii)who has become of unsound mind, his Curator Bonis;(iii)who has become an insolvent, the trustee of his insolvent estate;(iv)which is a company in liquidation, the liquidator of the company;“Fund” means the Industrial and Vocational Training Fund established under section 14(1);“industry” means a sector of economic activity wherein the employers provide a similar service, or are engaged in the manufacture, processing, purchase or sale of a similar product or similar products;“Inspector of Training” means an Inspector of Training appointed under section 5;“journeyman” means a person who is qualified by experience or qualifications or both, to instruct and supervise apprentices or trainees in the trade or occupation in which such experience or qualifications have been acquired;“Minister” means the Minister responsible for labour;“Minor” means a person under the age of eighteen years;“month” means a period commencing on any day in a calendar month and expiring on the day preceding the corresponding date in the succeeding calendar month;“scheme” means a scheme made under section 30;“trade” means a skilled occupation;“trainee” means a person, other than an apprentice, who is bound by a written contract to serve an employer for a period stipulated in the contract but not exceeding an aggregate of three years, with a view to acquiring knowledge of a trade or occupation in which the employer is reciprocally bound to instruct that person;“training levy order” means an order made under section 13(1).3. Act binds Government
Subject to section 4, this Act shall apply to employment with, by, or under the Government, other than to employment in the Umbutfo Swaziland Defence Force, the Royal Swaziland Police and the Swaziland Prison Service.4. Minister may exempt
Part II – Administration
5. Appointment and powers of Director and Inspectors and establishment of Directorate
6. Establishment of Industrial and Vocational Training Board
7. Meetings and quorum of the Board
8. Duties and functions of the Board
9. Committees
10. Meetings and quorum of Committees
11. Duties and functions of committees
Part III – Training levies and establishment of Fund
12. Proposals for training levy
13. Training levy orders
14. Establishment of Industrial and Vocational Training Fund
15. Disbursements from the Fund
The Minister may, acting on the advice of the Board, make payments from the Fund to any person, employer, company or association or body of persons either corporated or unincorporate in an industry in respect of which a training levy order has been made for any of the following purposes—Part IV – Employment of apprentices and trainees
16. Permission to employ apprentices and designation of apprenticeable trades
17. Permission to employ trainees
18. Who may bind himself as an apprentice or trainee
19. Medical examination of apprentices and trainees
Every person shall, before entering into a contract, be medically examined by a medical practitioner at the expense of the employer and a medical certificate to the effect that he is medically fit to be employed on a contract shall be obtained by the employer.20. Registration of contracts
21. Transfer of contracts
22. Termination and extension of contracts
23. Enticement of apprentice or trainee
Any person who induces or attempts to induce an apprentice or trainee to leave the service of his employer, or who employs a person whom he knows is bound by a contract to any other person shall be guilty of an offence and on conviction shall be liable to a fine of five hundred Emalangeni or to imprisonment for six months.24. Probationary period
25. Suspension of apprentice or trainee
26. Records to be kept by employers
27. Limitations in regard to method of payment and overtime
Notwithstanding the provisions of any other law for the time being in force in Swaziland, any term of a contract of apprenticeship or traineeship or any condition of apprenticeship or traineeship which—28. Certificate of apprenticeship and traineeship
29. Extension or remission of contract
Part V – Making of training schemes etc.
30. Training schemes
31. Procedures for making schemes
Part VI – Miscellaneous
32. Supervision of apprentices and trainees
33. Disclosure of information an offence
34. Regulations
35. Institution of proceedings
The Director or any Inspector of Training may institute proceedings in the name of the Director in respect of any offence under this Act and may appear and prosecute in such proceedings.36. Repeal and Savings
History of this document
01 December 1998 this version
Consolidation