BOTSWANA QUALIFICATIONS AUTHORITY: SUBSIDIARY LEGISLATION
(previously "APPRENTICESHIP AND INDUSTRIAL TRAINING" and later renamed to "VOCATIONAL TRAINING")

INDEX TO SUBSIDIARY LEGISLATION

Accreditation of Vocational Training Institutions and Assessment Centres Regulations

Apprenticeship and Industrial Training (Appointment of Board) Regulations

Apprenticeship and Industrial Training Regulations

Apprenticeship Wages Order

Botswana Qualifications Authority (Fees) Regulations

Botswana Qualifications Authority (Accreditation of Learning Programmes) Regulations

Botswana Qualifications Authority (National Credit and Qualifications Framework) Regulations

Botswana Qualifications Authority (Registration and Accreditation of Assessors and Moderators) Regulations

Botswana Qualifications Authority (Registration and Accreditation of Education and Training Providers) Regulations

Registration of Vocational Training Institutions and Assessment Centres Regulations

Vocational Training (Levy) Order

Vocational Training (Structured Training) Regulations

Vocational Training (Reimbursement) Regulations

APPRENTICESHIP AND INDUSTRIAL TRAINING (APPOINTMENT OF BOARD) REGULATIONS

 

(section 3(2))

 

(6th October, 1989)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Appointments to Board

 

 

 

      Schedule - Government Representatives on Board

 

 

S.I. 89, 1989.

 

1.   Citation

   These Regulations may be cited as the Apprenticeship and Industrial Training (Appointment of Board) Regulations.

 

2.   Appointments to Board

   (1) The National Advisory Board for Apprenticeship and Industrial Training, hereinafter referred to as the Board, shall be comprised of seven members representing the Government, four members representing the employers and four members representing the employees.

   (2) The members representing the Government shall be the public officers specified in the Schedule to these Regulations or their representatives, and the Chairman of the Board, the Vice-Chairman and the Secretary shall be as therein indicated.

   (3) The members representing the employers and the employees shall be appointed by the Minister, by notice in the Gazette, but before making any such appointment the Minister shall consult such registered organizations as appear to him to represent the employers and the employees in any trade, section of trade, industry or section of industry likely to be most concerned with the appointment, and have been invited by the Minister to make nominations for membership of the Board.

SCHEDULE
GOVERNMENT REPRESENTATIVES ON BOARD

 

   1.   Permanent Secretary, Ministry of Labour and Home Affairs who shall be Chairman of the Board. 

   2.   Permanent Secretary, Ministry of Education, who shall be Vice-Chairman. 

   3.   Chief Technical Education Officer, Ministry of Education. 

   4.   Assistant Director of Personnel Training. 

   5.   Commissioner of Labour and Social Security. 

   6.   Director of Industrial Affairs, Ministry of Commerce and Industry. 

   7.   Employment Coordinator, Ministry of Finance and Development Planning. 

      The Director of Apprenticeship and Industrial Training, Ministry of Labour and Home Affairs, is appointed to be Secretary of the Board.

APPRENTICESHIP AND INDUSTRIAL TRAINING REGULATIONS

(section 57)

(13th August, 1993)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Trades for apprentices

 

   3.   Duration of apprenticeship

 

   4.   Training standards

 

   5.   Pass marks

 

   6.   Margins for successful completion of apprenticeship

 

   7.   Salary increments, when due

 

   8.   Absence from place of work

 

   9.   Reduced contractual period

 

   10.   Forms

 

   11.   Trade test standards

 

   12.   Application for trade test

 

   13.   Employer's certificate

 

   14.   Practical competency certificate "C"(P)

 

   15.   Exemption from parts of tests

 

   16.   Exemption from NCC examination

 

   17.   Tools of trade

 

   18.   Trade tests

 

   19.   All parts to be passed

 

   20.   Training courses

 

   21.   Requirements for writing final NCC test

 

   22.   Repeat of tests

 

   23.   Results of tests

 

   24.   Award of certificate

 

   25.   Register of certificates

 

   26.   Replacement of certificates

 

   27.   Part-time testing officers

 

   28.   Offences

 

   29.   Fees

 

   30.   Director's discretion

 

 

 

      Schedule 1 - Apprenticeable and Designated Trades

 

      Schedule 2 - Contract of Apprenticeship

 

      Schedule 3 - Forms

 

 

S.I. 84, 1993,
S.I. 123, 1993.

 

1.   Citation

   These Regulations may be cited as the Apprenticeship and Industrial Training Regulations.

 

2.   Trades for apprentices

   The trades listed in Schedule 1 shall be designated or apprenticeable trades within the terms of section 14 of the Act.

 

3.   Duration of apprenticeship

   (1) An apprenticeship shall, unless the apprentice fails to meet the required standards, be for a period of four years.

   (2) The duration of an apprenticeship in the trades of chef and waiter in the hotel and tourism industry shall be for 3 years, with the first year being a common year:

   Provided that the Board may vary the period for both trades from time to time.

   (3) Every candidate for an apprenticeship shall have passed Junior Certificate or Standard VII education standards with Trade Test "C" (T+P) certificates.

 

4.   Training standards

   Training standards for apprentices shall be laid down by the Board, on the advice of the relevant Trade Advisory Committee, and may be varied from time to time.

 

5.   Pass marks

   (1) In all theoretical and practical tests for apprentices, at all levels and in all subjects, minimum pass marks shall be 50%.

   (2) In order for an apprentice to qualify it shall be necessary for him to pass the technology and the practical tests, and any two subjects out of the remaining three related theoretical subjects.

 

6.   Margins for successful completion of apprenticeship

   (1) An apprentice may be permitted to immediately re-sit a maximum of two academic subjects, and a failure to pass those subjects a second time shall be sufficient reason for requiring him to repeat the whole of that academic year, and, if he should again be unsuccessful, his contract of apprenticeship may thereafter be terminated.

   (2) An apprentice who is unsuccessful in the practical assessment or the final test shall be required to repeat the whole year of practical training, and if he is again unsuccessful in the test, his contract of apprenticeship may be terminated.

 

7.   Salary increments, when due

   (1) An apprentice shall be entitled to receive an annual increment upon successful completion of the industrial and institutional annual assessment tests at the beginning of the apprenticeship year.

   (2) Where an apprentice fails to complete his annual examination at the end of an academic year, due to his own negligence, but does so at a later date, he shall be entitled to receive his increment as from such later date.

   (3) The employer of an apprentice shall inform the Director of his reasons for withholding an apprentice's increment.

   (4) After examining the reasons for the withholding of an apprentice's increment, the Director may, if he is not satisfied that the reasons therefor are adequate, order the employer concerned to pay the increment from such date as he may specify in the order.

 

8.   Absence from place or work

   (1) An apprentice shall not be entitled to be paid any salary for any period during which he is absent from his place of institutional or industrial training during working hours, unless he has been granted paid leave by his employer, or the institution, as the case may be, or he is incapacitated by illness or injury and subsequently produces a certificate from a qualified medical practitioner to prove that he was so incapacitated.

   (2) An apprentice who is absent for 2 weeks from institutional training, or who fails to complete 30 weeks practical training at his employer's workplace, will be required to repeat the whole year's training.

 

9.   Reduced contractual period

   (1) Apprentices who have successfully passed the first assessment test, or its equivalent trade test "C" (C+P), or the second assessment test or its equivalent trade test 'B', may be enrolled as an apprentice for a correspondingly reduced period of apprenticeship.

   (2) Apprentices who have passed an assessment test will not, in addition, be entitled to the issue of an equivalent trade test certificate, or vice-versa, without passing the appropriate test as provided in regulation 12.

 

10.   Forms

   (1) A contract of apprenticeship shall be in the form set out in Schedule 2 hereto.

   (2) The forms set out in Schedule 3 hereto shall be the forms to be used for the purposes stated-

 

   (a)   Form 1 - National Craft Certificate (NCC)

 

   (b)   Form 2 - Trade Test Certificate "C" (T+P)

 

   (c)   Form 3 - Trade Test Certificate - "B" grade

 

   (d)   Form 4 - Practical Competency Certificate "C" (P)

 

   (e)   Form 5 - Certificate of Appointment of an Industrial Training Officer.

 

11.   Trade test standards

   National trade test standards for the designated trades specified in Schedule 1 shall be established to ascertain whether the applicant, after a prescribed period of employment and/or training in the trade, has acquired the necessary range of skills and related knowledge to enable him to perform work of the quality and standard required by industry. The national trade test standards shall be in the form and subject to the conditions prescribed by the National Advisory Board for Apprenticeship and Industrial Training.

 

12.   Application for trade test

   (1) An application to take a trade test shall be made by the applicant on the prescribed form to the Director, and before writing the trade test the applicant shall be required to fulfil the appropriate requirements as detailed in subregulations (2) and (3).

   (2) In case of an applicant for a grade 'C'(T+P) trade test he shall have completed at least 3 years employment and/or acceptable training in the trade, and have also satisfactorily completed any skills improvement courses at this level, or another approved 2 years course conducted in industry or in a training institution approved by the Director.

   (3) In the case of an applicant for a grade "B" trade test, after passing grade "C"(T+P) he shall have completed 2 years employment and/or institutional training including approved institutional training and any necessary skills improvement courses, or one year full time institutional training approved by the Director.

 

13.   Employer's certificate

   An applicant wishing to take a trade test shall submit, in the application form, written evidence from his employer or employers showing the period during which he was employed in the trade and evidence of any periods of approved institutional training.

 

14.   Practical competency certificate "C" (P)

   (1) Applicants who have insufficient academic levels will be able to attend a practical skills improvement course based on 'C' grade practical testing standards in the respective trade. At the end of the course, the candidates will be required to obtain at least 50% marks in the practical examination to be entitled to a "Practical Competency Certificate" or 'C'(P).

   (2) An applicant for a Practical Competency Certificate should have a minimum of 3 years practical experience in the trade.

 

15.   Exemption from parts of tests

   Applicants who have considerable experience in a trade and who have satisfactorily completed an approved course of industrial training may, with the permission of the Director take a trade test other than 'C' in that trade.

 

16.   Exemption from NCC examination

   The Director may, if satisfied of a candidate's qualifications and experience obtained within the country or from abroad, exempt a candidate from writing the national craft certificate examination and issue him with a national craft certificate in the respective designated trade.

 

17.   Tools of trade

   An applicant undergoing a trade test shall provide his own trade hand tools.

 

18.   Trade tests

   (1) A trade test shall consist of a theoretical and a practical test at C(T+P) and B grade levels.

   (2) The theoretical test shall be a written test in English and will comprise of trade theory, associated studies and other related subjects determined by the trade advisory committee concerned.

   (3) In the practical test an applicant shall be expected to complete a test piece or job, or a series of test pieces or jobs within a given time.

   (4) In all tests at all levels and in all subjects minimum pass marks will be 50%, and in all practical tests pass marks will also be 50%.

 

19.   All parts to be passed

   (1) An applicant shall be required to pass both the theoretical and the practical tests. An applicant who fails to obtain a pass in the theoretical or the practical test may subsequently, within the next 18 months, re-sit the test in which he failed. If the candidate does not within that period successfully pass the failed test, he shall be required to re-sit the whole test both in the theoretical and practical subjects.

   (2) It shall be compulsory to pass the technology and the practical test and any two subjects out of the remaining three related theoretical subjects to pass the test as a whole.

 

20.   Training courses

   Persons who have not entered into a contract of apprenticeship may work towards, and be tested for, the first or the second assessment tests by following a full time approved course of training at an approved training institution.

 

21.   Requirements for writing final NCC test

   An applicant for the NCC examination who holds a trade 'B' certificate and also has 2 years experience, will be required to pass an aptitude test equal to the 2nd assessment test and then attend two blocks of thirteen weeks institutional training leading to the 3rd assessment test and then the final NCC test respectively. A candidate who holds the trade test 'A' certificate will be required to pass an aptitude test equal to the 3rd assessment test and then to attend one block of thirteen weeks of institutional training leading to the final NCC examination.

 

22.   Repeat of tests

   (1) If an applicant fails in the practical part of the trade test he shall not be eligible to repeat the test for a period of six months thereafter, but if he fails in the theoretical subjects he may resit them after a period of 2 months. If an applicant fails a second or further time he shall not be eligible to re-sit the test for a period of twelve months thereafter.

   (2) A candidate who has failed in a test shall be obliged to reapply for permission to re-sit the examination.

 

23.   Results of tests

   An applicant shall be informed in writing of his results as soon as possible, and in any case not later than 60 days after the date of trade test.

 

24.   Award of certificate

   An applicant shall be awarded a trade test certificate in Form 2, Form 3 or Form 4 of Schedule 3 not later than 30 days after the declaration of the result.

 

25.   Register of certificates

   The Director shall cause a register or registers to be kept in the appropriate form of trade test certificates and national craft certificates issued by him.

 

26.   Replacement of certificates

   If a trade test certificate or national craft certificate is lost, damaged or destroyed, the Director may issue a duplicate certificate marked "duplicate" against a fee prescribed by the Board and upon production of evidence of such loss, damage or destruction.

 

27.   Part-time testing officers

   The Director may designate qualified and experienced persons to act as part-time trade testing officers to carry out trade tests and assessment tests in a particular specialised trade on the recommendations of the trade advisory committee concerned.

 

28.   Offences

   Any person who-

 

   (a)   makes use of a trade test certificate to which he is not entitled under these Regulations;

 

   (b)   being entitled to a trade test certificate under these Regulations, parts with possession of it to a person not so entitled, for use by that person as his own trade test certificate;

 

   (c)   alters or defaces a trade test certificate issued under these Regulations, or makes any model, likeness or facsimile of such certificate with intent to deceive or defraud,

shall be guilty of an offence and be liable to the penalties prescribed under section 56 of the Act.

 

29.   Fees

   The Board may, at its discretion, determine fees for trade tests.

 

30.   Director's discretion

   The Director of Apprenticeship and Industrial Training is authorized to use his discretion in matters of an urgent nature, or in respect of matters not fully covered under these Regulations:

   Provided that the exercise of such discretion shall not in any way conflict with the provisions of the Act or these Regulations.

SCHEDULE 1
APPRENTICEABLE AND DESIGNATED TRADES

 

Group 

1 01 

AUTOMOTIVE TRADES 

 

 

01/10 

Auto Mechanic 

(Apprenticeable) 

 

01/20 

Auto Electrician 

(Apprenticeable) 

 

01/30 

Panel Beater & Spray Painter 

(Apprenticeable) 

 

01/40 

Driver 

(Designated) 

 

 

 

 

Group 

2 02 

BUILDING AND CONSTRUCTION TRADES 

 

 

02/10 

Bricklayer and Plasterer 

(Apprenticeable) 

 

02/20 

Plumber 

(Apprenticeable) 

 

02/30 

Painter and Decorator 

(Apprenticeable) 

 

02/40 

Pipe Fitter 

(Apprenticeable) 

 

02/50 

Carpenter and Joiner 

(Apprenticeable) 

 

02/60 

Cabinet Maker 

(Apprenticeable) 

 

02/70 

Architectural Draughtsman 

(Designated) 

 

02/80 

Upholsterer 

(Designated) 

 

 

 

 

Group 

3 03 

ELECTRICAL TRADES 

 

 

03/10 

Installation and Appliance Electrician 

(Apprenticeable) 

 

03/20 

Maintenance Industrial Electrician 

(Apprenticeable) 

 

03/30 

Refrigeration and Air Conditioning Mechanic 

(Apprenticeable) 

 

 

 

 

Group 

4 40 

METAL TRADES 

 

 

04/10 

Fitter Machinist 

(Apprenticeable) 

 

04/20 

Welder and Fabricator 

(Apprenticeable) 

 

04/30 

Maintenance Fitter 

(Apprenticeable) 

 

 

 

 

Group 

5 05 

HEAVY PLANT TRADES 

 

 

05/10 

Borehole Mechanic 

(Apprenticeable) 

 

05/20 

Heavy Plant Mechanic 

(Apprenticeable) 

 

05/30 

Plant Operator 

(Designated) 

 

05/40 

Driller 

(Designated) 

 

 

 

 

Group 

06 06 

HOTEL & TOURISM TRADES 

 

 

06/10 

Chef 

(Apprenticeable) 

 

06/20 

Waiter 

(Apprenticeable) 

 

06/30 

Housekeeper 

(Designated) 

 

 

 

 

Group 

7 07 

TEXTILE TRADES 

 

 

07/10 

Dress Maker 

(Designated) 

 

07/20 

Knitter 

(Designated) 

 

07/30 

Sewing Machine Mechanic 

(Designated)

SCHEDULE 2
CONTRACT OF APPRENTICESHIP

 

1.   The Employer:

 

   1.1   NAME:.................................................................................................................

 

   1.2   REGISTERED OFFICE
ADDRESS:..........................................................................................................

 

      ...........................................................................................................................

 

      ..............................................................Tel No....................................................

 

2.   Contact Address:

 

      .............................................................................................................................

 

      ................................................................Tel No....................................................

 

3.   The Apprentice:

 

   3.1   NAME: ...............................................................................................................

 

   3.2    ADDRESS:...........................................................................................................

 

      ...........................................................................................................................

 

      ...........................................................................................................................

 

   3.3   DATE OF BIRTH: ......................................or other certified approximate birth date

 

      ................................................................................or age in years

 

4.   The contracted Trade:

 

      ...............................................................................................................................

 

5.   Duration of Apprenticeship:

 

      ...............................................................................................................................

 

6.   The employer agrees:

 

   6.1   To employ the apprentice for the purpose of providing a course of approved instruction in order that he may achieve the necessary proficiency in his trade to become a skilled worker within the scheduled period as defined by the National Trade Standards of the Apprenticeship and Industrial Training Act Cap 47:04.

 

   6.2   To remunerate the apprentice at a rate not less than that fixed by the National Advisory Board for Apprenticeship and Industrial Training.

 

   6.3   To ensure that the apprentice is not employed on work unconnected with the trade for which he is being trained.

 

   6.4   To set basic hours of work which are the same as those worked, by the company's employees who have qualified in the trade.

 

   6.5   Not to require the apprentice to work overtime if the apprentice is under the age of 18 years. Overtime for apprentices over the age of 18 years is permissible subject to the provisions of Employment Act, provided this overtime does not interfere with the theoretical or practical training of the apprentices.

 

   6.6   To pay the apprentice for the time off due to illness or injury certified by a medical practitioner in accordance with the rules relating to such absence within the company, provided that the apprentice shall be entitled to minimum of full pay for the first 30 days and half pay for the next 30 days of such absence in any one year of his apprenticeship period.

 

   6.7   To respect the right of the apprentice to all the public holidays observed in the industry in which he is engaged.

 

   6.8    To grant paid leave at the rate of not less than 15 days per annum.

 

   6.9   To provide the apprentice sufficient tools, materials, and protective clothing necessary for the practical training in the trade.

 

   6.10   To provide the Director with an annual progress report on the apprentice.

 

   6.11   To release the apprentice without loss of pay to institutional training either by day or block release.

 

   6.12   To release the apprentice without loss of pay to take any examinations in relation to his training.

 

   6.13   To bear all necessary travelling costs incurred by the apprentice in connection with the apprentice going to attend institute training/examinations associated with this apprenticeship agreement.

 

   6.14   To phase industrial training relative to the physical development of the apprentice and to report immediately any irregularities to the Director of Apprenticeship and Industrial Training.

 

7.   The Apprentice Agrees:

 

   7.1   To obey all reasonable instructions given to him by his employer or any other person designated as his supervisor or instructor.

 

   7.2   To work conscientiously.

 

   7.3   To take good care of all tools machinery and equipment entrusted to him and to take all necessary steps to avoid damage to machinery or waste of materials.

 

   7.4   To keep confidential any professional information he may acquire concerning the affairs of the company.

 

   7.5   To attend work at the times specified and not to absent himself without the permission of the employer and or the institute.

 

   7.6   To refrain from engaging in any activity which shall or might interfere with his duties and/or his studies.

 

   7.7   To attend all necessary classes or courses at any institution approved by the Board and to diligently pursue his course at such institutions and not to absent himself from his course studies without the permission of the institution.

 

   7.8    To reach the required standard in practical and theoretical knowledge of the trade necessary to pass the relevant tests and examinations, failing which the contract may be terminated or extended and the salary affected in accordance with the rules determined by the Director.

 

    7.9   That it shall be at the discretion of the employer whether to provide regular employment or not after completion of the apprenticeship.

 

8.   The Employer and the Apprentice jointly agree that

 

   8.1   The first six months of this contract may be regarded as a period of probation during which either party may terminate the contract communicating the cause to the Director and after giving the other party at least 21 days' notice.

 

   8.2   A training log-book as prescribed by the Director shall be maintained.

 

   8.3    The contract may be transferred to another employer in certain circumstances in accordance with the Act and with the permission of the Director.

 

   8.4    The contract may be terminated in certain circumstances after the period of probation as provided in the Act and with the approval of the Director.

 

   8.5   The contract may be extended or reduced in certain circumstances as provided in the Act and with the approval of the Director.

 

   8.6    In case of pregnancy, maternity leave shall be granted in accordance with the existing rules of the company.

 

   8.7    If a dispute should arise between the apprentice and the employer, every effort shall be made to settle the matter between the two parties. If a settlement cannot be reached, either party may refer the matter to the Director.

 

   8.8    They shall comply with any testing and certification procedures prescribed by the Director of Apprenticeship and Industrial Training for the contracted trade.

 

9.   Signatories

 

   9.1   Both parties consent to accept the conditions of this contract of apprenticeship.

 

   9.2   this ............................................... day of ....................................... 20 ..............

 

   9.3   signed by the apprentice .......................................................................................

 

   9.4   signed by legal guardian or witness ........................................................................

 

   9.5   Address ..............................................................................................................

 

      ...........................................................................................................................

 

      ...........................................................................................................................

 

   9.6   Signed by the employer ........................................................................................

 

   9.7   in the presence of .................................................................................................

 

   9.8   Address ............................................................................................................

 

      ..........................................................................................................................

 

      ..........................................................................................................................

 

10. Registration

 

   10.1   This contract is hereby registered in terms of section 20 (2) of the Act.

 

   10.2   Registration No: ...................................................................................................

 

Director of Apprenticeship and Industrial Training,
Private Bag 00267,
GABORONE

 

(N.B: To be submitted in triplicate to the Director)

SCHEDULE 3
FORMS

Form 1
NATIONAL CRAFT CERTIFICATE

 

REGISTRATION NUMBER


......................................... 

CERTIFICATE NO.


.................................................................. 

MINISTRY OF LABOUR & HOME AFFAIRS


DEPARTMENT OF LABOUR & SOCIAL SECURITY


NATIONAL CRAFT CERTIFICATE


APPRENTICESHIP AND INDUSTRIAL TRAINING ACT, Cap 47:04


(Section 37)


This is to certify that


...........................................................................


has completed apprenticeship training as


.............................................................................


in ............................................... and ......................................... 

(Firm 

(Institution) 

From:.......................................20................ To:...............................................20..........


and has passed the


FINAL EXAMINATION


attaining the Standards prescribed by the National


Advisory Board for Apprenticeship and Industrial Training


in


TRADE PRACTICE AND THEORY


Signed this ........................................... day of ................................................. 20........ 

........................................................... 

.................................................................. 

(Chairman)
NABAIT 

Director of Apprenticeship
and Industrial Training

Form 2
TRADE TEST CERTIFICATE "C" (T+P)

 

Registration Number 

Certificate Number

 

 

 

Ministry of Labour and Home Affairs
Department of Labour and Social Security 

 

 

This is to certify that 

 

 

 

 

 

has passed the trade test 'C (T+P)' in the trade 

on 

 

 

according to the standards prescribed by the National Advisory Board for Apprenticeship and Industrial Training securing percentage marks shown against each of the following: 

 

 

 

 

 

Technology ____________________
Technical Mathematics __________
Associated Studies _____________
Practical ______________________ 

________________
Principal Industrial Training Officer 

________________
Director of Apprenticeship and Industrial Training 

 

 

 

Signature of certificate holder: _____________

Form 3
TRADE TEST CERTIFICATE - "B" GRADE

 

Registration Number 

Certificate Number

 

 

 

Ministry of Labour and Home Affairs
Department of Labour and Social Security 

 

 

This is to certify that 

 

 

 

 

 

has passed the trade test 'B' in the trade 

on 

 

 

 

 

 

according to the standards prescribed by the National Advisory Board for Apprenticeship and Industrial Training securing percentage marks shown against each of the following: 

 

 

 

 

 

Technology ____________________
Technical Mathematics __________
Associated Studies _____________
Practical ______________________ 

_______________
(Date) 

 

 

 

 

 

_________________
Principal Industrial Training Officer 

________________
Director of Apprenticeship and Industrial Training 

 

 

 

Signature of certificate holder: _____________

Form 4
PRACTICAL COMPETENCY CERTIFICATE "C" (P)

 

Registration Number 

Certificate Number

 

 

 

Ministry of Labour and Home Affairs
Department of Labour and Social Security 

 

 

This is to certify that 

 

 

 

 

 

has passed the trade test 'C (P)' in the trade 

on 

 

 

 

 

 

according to the standards prescribed by the National Advisory Board for Apprenticeship and Industrial Training securing percentage marks shown against each of the following: 

________________
(Date) 

 

Practical ______________________________ 

 

 

 

__________________
Principal Industrial Training Officer 

__________________
Director of Apprenticeship and Industrial Training 

 

 

 

Signature of certificate holder: _____________

Form 5
CERTIFICATE OF APPOINTMENT OF AN INDUSTRIAL TRAINING OFFICER

 

APPRENTICESHIP AND INDUSTRIAL TRAINING ACT


CAP. 47:04 

This is to Certify that 

CERTIFICATE OF APPOINTMENT 

.............................................................. 

The person named on this 

whose photograph appears below holds the appointment of 

certificate is hereby authorized 

 

.............................................................. 

to exercise the powers of an 

 

INDUSTRIAL TRAINING OFFICER as 

............................................................. 

set out in sections 11(2) and 

in the Directorate of Apprenticeship and Industrial Training Under the Department of Labour and Social Security, Ministry of Labour and Home Affairs 

   (3) of the Apprenticeship and Industrial Training Act Cap 47:04 and this certificate shall serve as the authority required by the said Act 

..................................... 

...............................
(Date stamp) 

..............................
Minister    

(Signature of Holder) 

Ministry of Labour and Home Affairs

APPRENTICESHIP WAGES ORDER

 

(under section 57)

 

(1st January, 1999)

S.I. 104, 1998.

 

1.   Citation and commencement

   This Order may be cited as the Apprenticeship Wages Order.

 

2.   Minimum wages

   The following scale of wages shall constitute the minimum wages payable to persons entering into apprenticeships in any of the designated and apprenticeable trades listed in the First Schedule of the Apprenticeship and Industrial Training Act:-

 

   (a)   1st year of apprenticeshipP315 00 per month; 

   (b)   2nd year of apprenticeshipP35 500 per month; 

   (c)    3rd year of apprenticeshipP526.00 per month; and 

   (d)   4th year of apprenticeshipP796.00 per month.

ACCREDITATION OF VOCATIONAL TRAINING INSTITUTIONS AND ASSESSMENT CENTRES REGULATIONS

 

(section 31)

 

(9th April 2010)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Application for accreditation

 

   4.   Requirements for accreditation

 

   5.   Grant of accreditation

 

   6.   Verification of information

 

   7.   Issue of certificate of accreditation

 

   8.   Fees

 

   9.   Expanding the scope of accreditation

 

   10.   Notification of significant changes

 

   11.   Renewal of accreditation

 

   12.   Annual report

 

   13.   Revocation of accreditation

 

   14.   Interim authority

 

   15.   Maintaining of register of training institutions and assessment centres

 

   16.   Monitoring and audit of training institutions and assessment centres

 

   17.   Offences

 

   18.   Appeals

 

   19.   Transitional provision

 

 

 

      SCHEDULES

 

 

S.I. 17, 2004,
S.I. 35, 2010.

 

1.   Citation

   These Regulations may be cited as the Accreditation of Vocational Training Institutions and Assessment Centres Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "accreditation" means the recognition granted to a training institution and assessment centre under regulation 5;

   "module" means a small, self-contained component being integral to a greater whole, such as an important part of a course;

   "new programme" means any programme that is newly designed and conceptualised and not previously accredited or a revised programme in which the changes effected constitute more than 50 per cent of the programme; and

   "programme" means a scheme of proceedings for a course of study, or a structured pathway of learning or training leading to an award.

 

3.   Application for accreditation

   (1) An application for accreditation as a training institution or assessment centre, shall be made to the Authority, in the form set out in Schedule I and shall be accompanied by such supporting documents as the Authority may require.

   (2) The application under subregulation (1) shall be made to the Authority by a duly authorised representative of the training institution or assessment centre.

   (3) A training institution or assessment centre making an application under subregulation (1) shall demonstrate that it has systems appropriate to its scale of operations and scope of services to manage the quality of its training and assessment operations and in particular, it shall ensure that-

 

   (a)   each staff member is suitably qualified and competent in his or her duties;

 

   (b)   appropriate and adequate learning and assessment strategies to meet the needs of its learners are identified, negotiated, planned and implemented;

 

   (c)   it has learning or assessment environments and resources appropriate to meet the needs of its learners;

 

   (d)   its assessment procedures are fair, valid and consistent and also meet the requirements of outcomes specified in relevant standards within the scope of its services, and the assessment and moderation requirements set for national awards;

 

   (e)   effective administration and records management procedures are in place, and accurate and current records of learner activity and attainment are maintained;

 

   (f)   regular and timely feedback on attainment is provided to learners and reported to the Authority and other relevant authorities;

 

   (g)   equity and access principles are applied in recruitment of staff and enrolment of learners;

 

   (h)   timely, appropriate and accurate information on programmes, programme requirements and any fees payable are made available and accessible to the members of public;

 

   (i)   guidance and support services that assist learners to identify and achieve their desired goals are made available and accessible;

 

   (j)   each in ended programme shall be justified in terms of local, national or regional economic and social needs and be clearly supported by key stakeholders; and

 

   (k)   its learners are registered with the Authority.

   (4) The training institution or assessment centre shall set out, in the application form-

 

   (a)   its planned activities for a period of 12 months from the date of application;

 

   (b)   The programmes intended to be offered, facilitated or supported, which programmes shall-

 

      (i)   conform to the requirements of the Botswana National Vocational Qualifications Framework levels, and

 

      (ii)   relate to the qualification or approved field of learning.

 

4.   Requirements for accreditation

   The training institution or assessment centre shall, in its application, provide evidence that it-

 

   (a)   is a body corporate with defined values, visions and missions and specific objectives related to vocational training institutions or assessment centres;

 

   (b)   has stated strategic directions and plans that will contribute to the Government's socio-economic and technological development goal, and the development of a viable vocational training system as a whole;

 

   (c)   has appropriate and adequate governance and management structures and qualified and competent personnel to ensure sound financial management and ethics;

 

   (d)   has in place rigorous processes of self-evaluation and internal audit that are inclusive of key stakeholders;

 

   (e)   is financially sustainable and has systems and internal and external controls to maintain its financial sustainability over a long term;

 

   (f)   has appropriate and adequate systems to safeguard any payments made to it prior to the commencement of an education or training programme;

 

   (g)   meets the learning needs of its learners through the provision of appropriate training and support services;

 

   (h)   supports credit transfer and recognition of prior learning through assessment;

 

   (i)   has safe and healthy learning and assessment environments and that these are well maintained;

 

   (j)   improves equity and access to vocational training;

 

   (k)   has met other legal requirements in the location intended for the operation of a vocational training institution or assessment centre;

 

   (l)   has a defined scope of training services approved by the Authority;

 

   (m)   has training and assessment services aligned to the Botswana National Vocational Qualifications Framework;

 

   (n)   uses unit standards and qualifications registered in named fields, sub-fields or domains of the Botswana National Vocational Qualifications Framework; and

 

   (o)   has suitably qualified and competent trainers and assessors registered and accredited with the Authority.

 

5.   Grant of accreditation

   (1) The Authority shall, if assured that a training institution or assessment centre has the necessary capacity for the grant of accreditation and that such capacity is likely to be maintained or enhanced, grant accreditation to the training institution or assessment centre-

 

   (a)   for a specified scope of training services, and for the organisational structure set out in the application form and the supporting documents;

 

   (b)   subject to any conditions imposed by the Authority limiting or restraining the provisions of any training services offered; and

 

   (c)   subject to any other conditions as the Authority may prescribe from time to time.

   (2) The accreditation of a training institution or assessment centre shall be for such period, not exceeding five years, as shall be specified in the certificate of accreditation issued under regulation 7.

 

6.   Verification of information

   (1) An officer of, or authorised representative of the Authority may, at any time, enter the premises of a training institution or assessment centre for the purpose of verifying any evidence-

 

   (a)   furnished as part of an application for accreditation;

 

   (b)   contained in an annual report; or

 

   (c)   in the course of monitoring and audit visits.

   (2) The Authority shall, after verifying evidence under subregulation (1), report the level of compliance with the criteria set for accreditation to the Board.

   (3) The Authority may, in verifying the contents of an application for accreditation, enlist the assistance of such industry or subject experts as necessary to determine the capacity of the applicant to deliver quality vocational training.

   (4) The Authority may, in accordance with section 19 of the Act, summon any person who is able to furnish any information required for verification or investigation or who is in possession or in control of any document, book or other object relating to a subject, to appear before the Authority to be questioned or to produce such document, book or other object .

 

7.   Issue of certificate of accreditation

   (1) The Authority shall, where it is satisfied that a training institution or assessment centre meets the quality requirements for accreditation, issue a certificate of accreditation to the training institution or assessment centre.

   (2) The Authority shall, when issuing the certificate of accreditation, update the register of accredited training institutions or assessment centres by recording-

 

   (a)   the legal name or rading name of the accredited training institution or assessment centre;

 

   (b)   the accreditation number allocated to such training institution or assessment centre;

 

   (c)   the date of grant of accreditation;

 

   (d)   the period of accreditation granted or the scheduled date for renewal of accreditation;

 

   (e)   the physical sites and address for which accreditation has been granted;

 

   (f)   the scope of accreditation granted; and

 

   (g)   any other accreditation conditions imposed by the Authority.

 

8.   Fees

   (1) The Authority may impose the fees prescribed in Schedule II on the training institutions and assessment centres for the-

 

   (a)   application for accreditation under regulation 3;

 

   (b)   carrying out of quality assurance processes related to the initial grant, extension of scope or reconfirmation of accreditation;

 

   (c)   application for renewal of accreditation under regulation 11; and

 

   (d)   carrying out of monitoring and audit visits.

   (2) The fees imposed under subregulation (1) are subject to periodic review by the Authority.

 

9.   Expanding the scope of accreditation

   (1) An accredited training institution or assessment centre may at any time, make an application in the form set out in Schedule III, to the Authority, to expand the scope of the training services provided by the training institution or assessment centre.

   (2) An application for expanding the scope of accreditation shall be made where-

 

   (a)   additional programmes are to be offered in an area, sub-field or domain not covered by the existing accreditation;

 

   (b)   additional courses are to be offered in an area, sub-field or domain a a level higher than that covered by an existing accreditation; or

 

   (c)   there is to be an addition to the delivery sites covered by an existing accreditation, particularly where such sites are located in a village, town or city.

   (3) The application form under subregulation (1) shall be accompanied by such supporting evidence as may be necessary to demonstrate clearly that the system for establishing and managing the quality of training or assessment services offered has been suitably amended to ensure that the system remains both relevant and realistic and in compliance with the criteria set for accreditation.

   (4) An officer of, or authorised representative of the Authority may, at any time, enter the premises of a training institution or assessment centre to conduct an evaluation and verification of the new details submitted to it.

   (5) The Authority may, in evaluating and verifying the contents of an application for expansion of scope of accreditation, enlist the assistance of such industry or subject experts as necessary to determine the capacity of the applicant to deliver the training or assessment services.

   (6) The Authority may, upon receiving the report under subregulation (4), grant an expansion of scope of accreditation and such grant shall be within the same period as the existing accreditation.

   (7) The Authority may impose any other conditions on any or all of the new training services granted in an expansion of scope of accreditation and any training or assessment services covered by the accreditation of the training institution or assessment centre across any or all of its delivery sites.

 

10.   Notification of significant changes

   (1) Where the accredited training institution or assessment centre seeks to renew its accreditation or seeks to make any changes or additions to programmes, activities and enrolments, it shall first seek the approval of the Authority to do so.

   (2) A training institution or assessment centre shall immediately notify the Authority of any changes that may compromise the validity of any previous decision of the Authority to grant accreditation where these changes consist of-

 

   (a)   a change in the ownership of the training institution or assessment centre;

 

   (b)   a change in the legal status;

 

   (c)   a decision to cease operations;

 

   (d)   a change in the location of the head office or satellite site;

 

   (e)   a change in the composition of the governing body;

 

   (f)   a change in the senior management personnel;

 

   (g)   a change in the funding sources;

 

   (h)   a change in any franchising or partnership arrangements;

 

   (i)   a decrease or increase in the number of learners of more than ten per cent in any one year;

 

   (j)   a major change in the profile of the learners;

 

   (k)   a change of site of the training institution or assessment centre;

 

   (l)   a significant change in the mode of delivery of any course covered by an existing accreditation;

 

   (m)   a change in the residential nature of any course;

 

   (n)   the opening of a new site outside Botswana;

 

   (o)   a change in the staffing of the institution or assessment centre; or

 

   (p)   cancellation of a course or programme or service from the scope.

   (3) Where the Authority has received an application from a training institution or assessment centre for renewal of accreditation or approval for changes made under subregulation (1) and (2), and the Authority is of the opinion that the renewal or proposed changes meets the criteria set for accreditation, the Authority shall grant an accreditation, renew accreditation or approve the changes made.

   (4) Where the Authority is not satisfied with the changes made by the training institution or assessment centre under subregulation (2) and the training institution or assessment centre does not meet the criteria set for accreditation, the Authority shall not-

 

   (a)   grant the accreditation;

 

   (b)   approve the changes; or

 

   (c)   renew the accreditation.

   (5) Where the training institution or assessment centre makes changes or additions to programmes, activities and enrolments without the approval of the Authority, the Authority shall revoke its accreditation.

   (6) The Authority shall, after verifying the changes made to a training institution or assessment centre and if it is satisfied with the changes made, renew the accreditation of the training institutions and assessment centre for a period not less than two years and not exceeding five years depending on the criteria set for accreditation.

   (7) The Authority shall publish in the Gazette and in any newspaper of wide circulation, the name of any training institution or assessment centre whose accreditation status has been denied, withdrawn or revoked.

   (8) Before the Authority denies, withdraws or revokes the accreditation, or publishes the name of a training institution or assessment centre in the Gazette under subregulation (7), the Authority shall inform the training institution or assessment center to comply with the requirements or remedy any shortcomings within one month of receipt of its application under subregulation (1).

 

11.   Renewal of accreditation

   (1) A training institution or assessment centre which wishes to remain accredited shall, within six months before its period of accreditation expires, apply to the Authority to have the accreditation renewed.

   (2) Where the Authority has received an application for renewal of accreditation from a training institution or assessment centre under subregulation (1), and the Authority is of the opinion that the training institution or assessment centre meets the criteria set for accreditation, the Authority shall grant the renewal for accreditation.

   (3) An application for renewal of accreditation under these Regulations shall be in the form set out in Schedule IV, and shall be accompanied by such supporting documents as the Authority may require and the fee prescribed in Schedule II.

 

12.   Annual report

   (1) An accredited training institution or assessment centre shall, in an annual report to the Authority, provide substantive proof that it-

 

   (a)   continues to meet all the qualitative requirements for accreditation;

 

   (b)   is achieving its specific objectives in relation to learner performance; and

 

   (c)   remains financially secure and continues to use effective financial management procedures, and that this is independently verified by an auditor approved by the Authority.

   (2) The accredited training institution or assessment centre shall provide updated information on the training services offered and outline any anticipated changes or additions to programmes, activities and enrolments.

 

13.   Revocation of accreditation

   (1) The Authority shall revoke the accreditation of a training institution or an assessment centre, in whole or in part, where the Authority has good cause to believe that the training institution or assessment centre no longer meets the criteria set for accreditation.

   (2) The Authority shall, before making the decision to revoke accreditation of a training institution or assessment centre, issue a written notice to the governing body of the training institution or assessment centre stating-

 

   (a)   that it believes that certain requirements for programmes offered are not being met;

 

   (b)   the grounds for the identified non-compliance;

 

   (c)   that the training institution or assessment centre shall be allowed 21 days within which to comply with the requirements not being met; or

 

   (d)   that the training institution or assessment centre has the right to make submissions on the matter.

   (3) Where the Authority has issued the formal written notice under subregulation (2), the training institution or assessment centre shall not enroll any new learner in programmes which the Authority believes do not meet certain requirements, commence any new programmes, or commence new services at any site, until such time that the notice is formally withdrawn.

   (4) Where the training institution or assessment centre has made submissions to the Authority under subregulation (2) (d), the Authority shall, renew the accreditation, with new conditions imposed, or revoke the accreditation of the training institution or assessment centre.

   (5) Where the Authority has made the decision to revoke the accreditation of a training institution or assessment centre, the training institution or assessment centre shall, immediately, submit its certificate of accreditation to the Authority.

   (6) Where the Authority has granted renewal of the accreditation to an institution or assessment centre with new conditions imposed, it shall issue a revised certificate of accreditation to the training institution or assessment centre.

   (7) Where a training institution or assessment centre has had its accreditation revoked, it shall not make a new application for accreditation within one year of the decision of the Authority to revoke its accreditation, unless the Authority accepts that it is clearly in the national interest for the application to be made within that period.

 

14.   Interim authority

   (1) Where a training institution or assessment centre has not appointed a governing body a the time it makes an application for accreditation, the Authority shall, authorise the training institution or assessment centre to appoint an interim authority.

   (2) The Authority shall, authorise the interim authority to make preparations towards the implementation of the following-

 

   (a)   setting up a governing body for the training institution or assessment centre intended to be established;

 

   (b)   commencing or continuing the development of physical facilities;

 

   (c)   commencing or continuing the assembly of academic resources; and

 

   (d)   advertising the approved programmes of instruction expected to be conducted a that institution.

   (3) The Authority may suspend or revoke the appointment of an interim authority, if the training institution or assessment centre has not, within one year, made substantial progress in implementing the provisions of subregulation (2) or has not notified the Authority of its intention to proceed with its application for accreditation.

   (4) Where the Authority has suspended the appointment of an interim authority, it shall indicate the steps which the training institution or assessment centre must take before the appointment of the interim authority can be restored.

   (5) Where the Authority has revoked the appointment of an interim authority, it shall not entertain any subsequent appointment of an interim authority by the same training institution or assessment centre within one year of the revocation, unless good cause is shown by the training institution or assessment centre.

 

15.   Maintaining of register of training institutions and assessment centres

   (1) The Authority shall maintain a register of all-

 

   (a)   operating accredited training institutions and assessment centres;

 

   (b)   closed training institutions and assessment centres; and

 

   (c)   audited and non compliant training institutions and assessment centres.

   (2) The register maintained in terms of subregulation (1) shall be kept a the offices of the Authority and shall be open for inspection by any member of the public, during office hours.

   (3) The register shall clearly describe in respect of each accredited training institutions and assessment centre-

 

   (a)   the form and structure of the training institution or assessment centre;

 

   (b)   the range of services that the training institution or assessment centre offers;

 

   (c)   the scope of accreditation of the training institution or assessment centre; and

 

   (d)   the date of accreditation and expiry of accreditation.

   (4) The Authority reserves the right to publish the register by notice in the Government Gazette or in local news paper.

 

16.   Monitoring and audit of training institutions and assessment centres

   (1) The Authority shall monitor and carry out audits of all reported attainments, systems and documents of accredited training institutions and assessment centres.

   (2) The Authority shall inspect the premises of accredited training institutions and assessment centres to ensure that such training institutions and assessment centres continue to meet-

 

   (a)   qualitative requirements; and

 

   (b)   training and assessment standards set by the Authority.

 

17.   Offences

   A person who-

 

   (a)   operates a training institution or an assessment centre without being accredited in accordance with the provisions of these Regulations;

 

   (b)   pretends or holds himself or herself to be an accredited training institution or assessment centre when the Authority has not granted that person such status;

 

   (c)   withholds required information and supplies false or misleading information relevant to the accreditation requirements;

 

   (d)   makes a statement that is false or misleading in a material particular to an authorised officer or representative of the Authority in relation to an application for accreditation;

 

   (e)   offers a programme not accredited by the Authority;

 

   (f)   fails to notify the Authority of any significant changes as stated under regulation 10; or

 

   (g)   otherwise contravenes a provision of these Regulations for which a penalty is not provided,

commits an offence and is liable to the penalty prescribed under section 30 of the Act.

 

18.   Appeals

   (1) A person aggrieved by a decision of the Authority under these Regulations may, within 14 days of notification of that decision, appeal to the Minister in writing.

   (2) A person aggrieved by the decision of the Minister under these Regulations may, within 14 days of notification of that decision, appeal to the High Court.

 

19.   Transitional provision

   Any training institution or assessment centre which, on the coming into operation of these Regulations, has been carrying on the business or activity of vocational training shall, within six months of the coming into operation of these Regulations, comply with the provisions of these Regulations.

SCHEDULE I

APPLICATION FOR ACCREDITATION OF TRAINING INSTITUTION AND ASSESSMENT CENTRE

 

(reg 3(1))

 

Form: BOTA/...............................

 

 

 

 

 

SCHEDULE II

REVISED SCHEDULE OF FEES FOR BOTSWANA TRAINING AUTHORITY

 

(reg 8)

 

 

1.0      Background

 

1.1      The Botswana Training Authority is required to generate funds for its operations as stated in the Vocational Training (Cap. 47:04) - 'The funds of the Authority shall consist of such other moneys or assets which may accrue to or vest in the Board, whether in the performance of its functions or otherwise.'

 

1.2      The Botswana Training Authority has a Schedule of Fees which was revised in June 2008 following the need to include new items as well as update existing charges. The said Schedule of Fees contains payments for services rendered to the Authority as well as payments to the Authority for services rendered to its clients/stakeholders.

 

1.3      The full implementation of the Botswana National Vocational Qualifications Framework which the Authority carried out through the Culture, Arts and Crafts Project has revealed that there are some services linked to assessment which will require engaging the services of persons outside the Authority.

 

1.4      The development of the new BOTA Strategic Plan 2008-2011 and the cost implications of its implementation have led to the Authority reviewing its stand on some of the assessment services it has been rendering to stakeholders. There is need to enter into cost sharing with stakeholders on some of these services, hence the current review of the Schedule of Fees.

 

2.0      Revised Schedule of Fees

 

The Schedule of fees is as follows:

ANNEX I
SCHEDULE OF FEES

 

 

 

SCHEDULE III

APPLICATION FOR EXPANSION OF SCOPE/CANCELLATION OF PROGRAMME(S)/COURSE(S)

 

(reg 9 (1))

 

 

 

SCHEDULE IV

APPLICATION FOR RENEWAL ACCREDITATION OF TRAINING INSTITUTION AND ASSESSMENT CENTRE

 

(reg 11(3))

 

Form: BOTA/ .....................................................

 

 

 

 

VOCATIONAL TRAINING (LEVY) ORDER

 

(section 24)

 

(5th December, 2008)

 

ARRANGEMENT OF PARAGRAPHS

 

PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Imposition of levy

 

   4.   Rate of levy

 

   5.   Exemption from levy

 

   6.   Collection of levy

 

   7.   Returns

 

   8.   Due date for payment

 

   9.   Interest on late payment

 

 

S.I. 9, 2008,
S.I. 101, 2008,
S.I. 94, 2009,
S.I. 50, 2010,
S.I. 25, 2011.

 

1.   Citation

   This Order may be cited as the Vocational Training (Levy) Order.

 

2.   Interpretation

   In this Order unless the context otherwise provides-

   "employer" means any person registered or liable for registration under the Value Added Tax Act;

   "oil industry" means companies or entities, being wholesalers and retailers, which are dealing with, or are in the business of marketing, refining and selling of regulated petroleum products; and

   "tax period" has the same meaning as in section 25 of the Value Added Tax Act.

 

3.   Imposition of levy

   An employer shall be liable to pay a levy to be determined under regulation 4.

 

4.   Rate of levy

   A levy payable under regulation 3 shall be at the rate of-

 

   (a)   0.2 per cent of the turnover in respect of an employer with a turnover of P500 000 and not more than P2 billion; and

 

   (b)   0.05 per cent in respect of a turnover in excess of P2 billion.

 

   (c)   0.05 per cent in respect of companies in the oil industry as defined in paragraph 2.

 

5.   Exemption from levy

   (1) An employer-

 

   (a)   with a turnover of less than P500 000 per annum;

 

   (b)   registered with Botswana Innovation Hub; and

 

   (c)   within the Diamond Hub, who is engaged in diamond cutting and polishing,

shall be exempted from payment of the levy under this Order.

   (2) Employers under subparagraphs (1)(b) and (c) shall be exempted from payment of the levy for a period not exceeding five years from the date of registration with the Hub.

 

6.   Collection of levy

   The levy shall be collected by the Commissioner General of Botswana Unified Revenue Service and deposited into the Fund Account.

 

7.   Returns

   (1) Every employer shall furnish the Commissioner General with a return for each tax period, within 25 days after the end of the period whether or not levy is payable in respect of that period.

   (2) A return shall be in the prescribed form and shall-

 

   (a)   state the information necessary to calculate the levy payable; and

 

   (b)   be furnished in the manner prescribed.

 

8.   Due date for payment

   The levy payable under this Order is due from an employer for a tax period, by the due date for the return of the tax period.

 

9.   Interest on late payment

   (1) An employer who fails to pay a levy by the due date shall be liable to pay interest on the unpaid amount at the rate of two per cent per month or part thereof, compounded monthly.

   (2) Any unpaid levy shall be recoverable from an employer as a fine imposed by a court under section 303 (1) of the Criminal Procedure and Evidence Act.

   (3) An affidavit sworn by an officer of the Authority shall be sufficient proof of the lawful imposition of the levy.

 

VOCATIONAL TRAINING (STRUCTURED TRAINING) REGULATIONS

 

(under section 31)

 

(11th January, 2008)

 

ARRANGEMENT OF REGULATIONS

 

REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Application for approval of agreement

 

   4.   Duties of employer

 

   5.   Duties of trainee

 

   6.   Variation of agreement

 

   7.   Alteration by Authority

 

   8.   Transfer of rights, etc.

 

   9.   Suspension of agreement

 

   10.   Termination of agreement

 

   11.   Award on completion

 

   12.   Appeals

 

   13.   Offence and penalty

 

 

 

      First Schedule

 

      Second Schedule

 

      Third Schedule

 

 

S.I. 74, 2006,
S.I. 1, 2008.

 

1.   Citation

   These regulations may be cited as the Vocational Training (Structured Training) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "agreement" means a training agreement approved under regulation 3; and

   "employer" means, for purposes of these Regulations, any person registered under the Value Added Tax Act.

 

3.   Application for approval of agreement

   (1) An employer desirous of undertaking the training of a trainee shall enter into an agreement with the trainee in the form set out in the First Schedule which shall be approved by the Authority.

   (2) For the purposes of obtaining approval of an agreement entered into in accordance with subregulation (1), an employer shall make an application, in writing, to the Authority for the approval of the agreement.

   (3) An application made under subregulation (2) shall be accompanied by a duly completed agreement in the form set out in the First Schedule.

   (4) Upon receipt of an application under subregulation (2), the Authority shall-

 

   (a)   inspect or cause to be inspected by a designated officer the facilities and other opportunities the employer proposes to provide as part of the training; or

 

   (b)   call for additional information it considers necessary, in relation to the training programme.

   (5) Where the Authority is satisfied that the training programme including facilities and other opportunities are satisfactory, it shall approve the agreement and notify the applicant, in writing, of the approval.

   (6) Where the Authority is of the opinion that the agreement including facilities and other opportunities to be provided as part of the training programme are unsatisfactory, it shall reject the application and notify the applicant, in writing, of the rejection and the grounds thereof.

 

4.   Duties of employer

   An employer shall-

 

   (a)   provide the trainee with appropriate training in an environment conducive to achieve the outcome required by the agreement;

 

   (b)   provide appropriate tools and facilities for the trainee, in accordance with the agreement;

 

   (c)   provide the trainee with adequate supervision;

 

   (d)   release the trainee to attend approved training as per the agreement;

 

   (e)   pay the trainee the agreed training allowance (if any) during the duration of the training;

 

   (f)   assess the trainee;

 

   (g)   maintain records of training and discuss same with the trainee;

 

   (h)   advise the trainee on policies and procedures of the employer; and

 

   (i)   apply the same disciplinary, grievance and dispute resolution procedures to the trainee as to other employees.

 

5.   Duties of trainee

   The trainee shall-

 

   (a)   comply with the policies and procedures of the employer; and

 

   (b)   complete any time sheets or written assessment tools supplied by the employer to record training experience.

 

6.   Variation of agreement

   (1) The employer and the trainee shall not vary an agreement without the approval of the Authority.

   (2) Where the employer and the trainee agree to vary the agreement, they shall make a joint application to the Authority, for the approval of the variation.

   (3) Where the Authority is satisfied that the proposed variation is justified, it shall approve the variation and notify the applicants, in writing, of the approval.

   (4) Where the Authority is of the opinion that the proposed variation is not justified, it shall reject the variation and notify the applicants, in writing, of the rejection and the grounds thereof.

 

7.   Alteration by Authority

   (1) The Authority may alter the period of the agreement where-

 

   (a)   a trainee is absent from training other than for the purpose of training recess, for a period of or for periods amounting in the aggregate of not less than 30 days;

 

   (b)   a trainee has previously undergone other training that justifies an alteration of the period; or

 

   (c)   a trainee has acquired a degree of proficiency in the vocation that justifies an alteration of the period of agreement.

   (2) Where the Authority is satisfied of the conditions set out in subregulation (1), it shall alter the period of the agreement and the agreement shall thereafter be read and construed accordingly.

 

8.   Transfer of rights, etc.

   (1) The rights and obligations of the employer may, at the request of either the employer or the trainee and with the consent of the other, be transferred to some other employer (hereinafter referred to as the "new employer").

   (2) A request made under subregulation (1) shall be made to the Authority in writing and accompanied by the consent of the employer or trainee and the consent of the new employer whom it is intended that the rights and obligations be transferred to.

   (3) The Authority shall not approve a transfer where-

 

   (a)   the request does not comply with subregulation (2);

 

   (b)   the trainee has not fully and freely consented to the proposed transfer; and

 

   (c)   the proposed transfer is not in the interests of the trainee.

   (4) Where the Authority is satisfied that the proposed transfer is justified, it shall approve the transfer and notify the applicants, in writing, of the approval.

   (5) The Authority shall, where it rejects a transfer under this section, notify the applicants, in writing, of the rejection and the grounds thereof.

 

9.   Suspension of agreement

   (1) Where the employer is of the opinion that a trainee has committed a serious breach of the agreement, the employer shall lodge a written request with the Authority, for a suspension of the agreement.

   (2) Where the Authority is satisfied that the breach referred to in subregulation (1) justifies a suspension of the agreement, it shall approve the suspension and notify the employer and the trainee in writing, of the suspension.

   (3) Where the Authority is of the opinion that there is no breach or the breach does not justify a suspension, it shall reject the request for suspension and notify the employer and the trainee in writing, of the rejection and the grounds thereof.

 

10.   Termination of agreement

   (1) An agreement shall not be terminated by the employer or trainee without approval by the Authority.

   (2) Where the employer and the trainee agree to terminate the agreement, they shall jointly apply to the Authority for approval of the termination.

   (3) Where the Authority is satisfied that the proposed termination is justified, it shall approve the termination and notify the applicants, in writing, of the approval.

   (4) Where the Authority is of the opinion that the proposed termination is not justified, it shall reject the termination and notify the applicants, in writing, of the rejection and the grounds thereof.

 

11.   Award on completion

   (1) The employer shall on the satisfactory completion of the training programme, lodge with the Authority a written notification to the effect that the trainee has satisfactorily completed the training programme.

   (2) Where the Authority is satisfied that a trainee has satisfactorily completed a training programme, it shall award a trainee a certificate in the Forms A, B or C set out in the Second Schedule, where the programme leads to a qualification.

   (3) Where the Authority is satisfied that a trainee has satisfactorily completed a training programme, it shall award a record of learning in the form set out in the Third Schedule, where the programme does not lead to a qualification.

 

12.   Appeals

   (1) A person aggrieved by a decision of the Authority made under these Regulations, may, within 14 days of notification of the decision, appeal in writing, to the Minister.

   (2) A person aggrieved by a decision of the Minister may appeal to a court.

 

13.   Offence and penalty

   A person who contravenes a provision of these Regulations commits an offence and shall be liable upon conviction to a fine, not exceeding P500, or to imprisonment for a term not exceeding six months, or to both.

FIRST SCHEDULE
VOCATIONAL TRAINING (STRUCTURED TRAINING) AGREEMENT

 

(regs 3 (1) and (3))

 

 

 

 

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