Workplace Skills Plans, reporting and SETA kickbacks

Workplace Skills Plans, reporting and SETA kickbacks

Workplace Skills Plans and Training reports assist government to track their socio-political program to train individuals in the Country. Large Enterprises are compelled to partake in this national training initiative, but small to medium enterprises often don’t see the benefit. However, it may be that the tax allowances and SETA kickbacks present opportunities otherwise not accessible.

With due respect, it is the testimony of many companies that they have had to capitulate to onerous BEE ownership structures which they don’t understand – all because they were not advised on the hidden benefits of subject of Skills Development.

To start your journey to unlock the imperceptible benefits, please read through the questions and answers below and call us to apply these benefits to you in real deal bottom line benefits.

Questions and answers

1. WHO MUST PAY SKILLS DEVELOPMENT LEVY (SDL)?

Any employer whose salary/wage bill exceeds R500 000.00 over the next 12 months are obliged to pay 1% of the salary/wage bill to SARS.

2. WHAT IS THE LEVIABLE AMOUNT?

Any amount of income which is paid or is payable to any person whether in cash or otherwise and whether or not in respect of services rendered for example:

  • Salary;
  • Remuneration for overtime;
  • Fee;
  • Leave gratuity;
  • Emolument;
  • Allowance;
  • Bonus;
  • Gratuity;
  • Wage;
  • Commission;
  • Lump sum payment;
  • Directors remuneration;
  • An amount received or accrued in commutation of an amount due in terms of a contract or employment or service;
  • Restraint of trade payment;
  • Fringe benefits ;
    An amount received or accrued in respect of the relinquishment, termination, loss, repudiation, cancellation or variation of an office or employment of an appointment;
  • 60% of an allowance paid or advance given to an employee in respect of the expense of travelling for business purposes (excluding an allowance paid for actual distance travelled not exceeding the rate per kilometre fixed by the Minister of Finance;
  • 50% of an allowance paid to a holder of a public office.

3. WHERE MUST THE EMPLOYER REGISTER FOR PAYMENT?

Where an employer is liable to pay the levy he/she must register per EMP 101 (Application for Registration) as an employer with the SARS office in which area the business is situated and indicate thereon the jurisdiction of the SETA within which the employer must be classified as well as the applicable SIC Code (Sector Industry Code).

4. WHERE DOES THE MONEY FROM THE SKILLS LEVY GO?

Employers pay the levy to SARS, SARS capture and sorts all the information;

MANDATORY GRANT

People often ask the question “I have spent an X amount in training, how much can I claim from the SETA?” Please note that the Mandatory Grant Payment Process does not involve claiming expenses for training from a SETA. It is simply a mechanism to receive the Mandatory Grant back. Employers who meet the set criteria will qualify for the SETA Mandatory Grant payments.

In order to receive its Mandatory Grant, as well as to gain access to Discretionary Grants, organisations that contribute Skills Development levies are required to submit an Annual Training Report (ATR), Workplace Skills Plan (WSP) and/or the PIVOTAL Training Plan (PTP) and the PIVOTAL Training Report (PTR) to the SETA. The ATR and/or the PTR provide data relating to the training that was implemented during the previous year, and the WSP and/or the PTP provide data relating to the training that is intended to be implemented during the forthcoming year.

DISCRETIONARY GRANT:

Programmes to develop in accordance with priorities outlined in Seta Sector.

PIVOTAL PROGRAMMES:

Pivotal Programmes are professional, vocational, technical and academic learning programmes, which result in qualifications or part qualifications on the National Qualifications Framework (NQF):

  • Bursaries,
  • Apprenticeships
  • Internships
  • Graduate placements
  • Learnerships
  • Selected skills programmes


TYPES OF TRAINING INTERVENTIONS:


MANDATORY GRANT

The Mandatory Grant Payment Process does not involve claiming expenses for training from a SETA. It is simply a mechanism to receive the Mandatory Grant back.

Employers who meet the set criteria will qualify for the SETA Mandatory Grant payments. The SETA may not pay a Mandatory Grant to an employer who is liable to pay the skills development levy in terms of Section 3(1) of the Skills Development Act, unless the levy paying employer:

  • Has registered with the Commissioner [of SARS] in terms of section 3(1) of the Skills Development Levies Act (SDLA);
  • Has paid the levies directly to the Commissioner in the manner and within the time period determined in section 6 of the Skills Development Levies Act;
  • Is up to date with levy payments to the Commissioner at the time of approval and in respect of the period for which an application is made;
  • Has submitted the ATR/PTR and WSP/PTP as contemplated in section 4(1) that contributes to the relevant SETA SSP within the timeframes prescribed in section 4(2) and 4(3) of the Skills Development Levies Act (SDLA).


LEARNERSHIPS

A Learnership results in a qualification. It is a workplace education and training programme comprising of both structured practical workplace (on-the-job) experience (70% of the content) and structured theoretical training (30% of the content) conducted against registered Unit Standards at an accredited Training Institution. The duration of a Learnership is approximately twelve months.

INTERNSHIP

An Internship is a programme designed to give tertiary graduates and University of Technology learners an opportunity to extend/obtain their academic qualifications with structured workplace exposure and specialised training. Participants are placed on a full-time basis, generally for a period of six to twelve months, in stakeholder companies and government organisations, the purpose of which is to provide the learner with workplace experience that builds on the qualification or assists in completing the qualification.

Either employed or unemployed persons can get involved in an Internship. The Internship usually involves just the learner, who is a potential employee to a company, and the potential employer. Taking note of the learner’s level of education, capabilities and experience, the employer or training provider defines the workplace programme that must be completed for the learner to obtain the required skills for the work to be performed.

SKILLS PROGRAMME

A Skills Programme is a short learning intervention conducted against registered Unit Standards at an accredited Training Institution, and the training programme must include a workplace component. It does not result in a full qualification, but the accumulation of credit-bearing Skills Programmes may lead to or contribute towards a full qualification.

SHORT COURSE

A Short Course is any learning or development programme that may or may not lead to credits towards an NQF registered qualification”, classroom or simulated or classroom and simulated. No workplace component. Short Courses have no workplace training component and may or may not include training that is aligned to unit standards. Likely examples include:

  • Courses on soft skills such as performing presentations, conflict management, negotiation, etc.
  • Internal training hosted by one of your staff.
  • Internal training hosted by an external trainer.
  • e-Learning courses.
  • Driver’s license.
  • Product Specific Training.
  • Organisation Specific Training.


Note that evidence must be kept to confirm that this training took place. Evidence would include the agenda for the training, the signed attendance register reflecting start and end times, credits against registered unit standards (in some instances), etc.

5. REPORTING DEADLINE

The ATR/PTR and WSP/PTP data must be submitted onto the Online Grant System (no hardcopy submissions will be accepted) before midnight 30th April.

There will be no extensions provided for late submissions.

6. INFORMATION/DOCUMENTATION REQUIRED FOR SUBMISSION?

  • Employee Profile;
  • Mandatory Training done for the previous financial year;
  • Mandatory Training planned for the current financial year;
  • Pivotal Training done for the previous financial year;
  • Pivotal Training planned for the current financial year;
  • Original cancelled cheque;
  • BEE Certificate;
  • Proof of Training;
  • Minutes of Training
  • Committee if more than 50 employees;
  • Summary of levies paid for the financial year.

7. WHAT SERVICE DOES SKILLS OFFERS YOU?

  • Provides an External Skills Development Facilitator to your business;
  • Appoints a Training Committee in the case of 50 or more employees as envisaged by the Act;
  • Develop, Implement and Submit a Workplace Skills Plan to the relevant Seta on behalf of the employer;
  • Compile and Submit an Annual Training Report to the relevant Seta on behalf of the employer;
  • Compile and Submit a Discretionary/Pivotal Grant to the relevant Seta on behalf of the employer;
  • Submit Quarterly Claim Forms to the relevant Seta on behalf of the employer;
  • Advise and assist the employer with Learnerships;
  • Act as a medium for communicating information between the employer and the relevant Seta;
  • Assist with the lodging of claims or repayment of levies;
  • Telephonic advice with any aspect related to Skills development;
  • Assist in the completion and submission of an Employment Equity Report and Plan to the Department of Labour.


TRAINING COMMITTEE: INTRODUCTION

A very important responsibility of the employer is to ensure the establishment of a Training Committee. Employers with 50 or more employees must establish a Training Committee for active participation with regard to skills development matters within an organisation.

As stated above, in the case of an employer who has a recognition agreement with a trade union/s, evidence must be provided that the ATR/PTR and WSP/PTP have been subjected to consultation with the recognised trade union/s and the ATR/PTR and WSP/PTP must be signed off by the labour representative appointed by the recognised trade union.

COMPOSITION OF THE TRAINING COMMITTEE

The Training Committee must comprise three constituent parties: the employer representative, the employee representative and union representative (where applicable). The SDF remains a critical member of the Training Committee at all times. The number of employees and employer representatives must be equal.

No employee representative shall be a manager. At least one employee representative must represent one of the Major OFO codes presented in the table below, unless there are no employees in the major OFO category.

  1. Managers
  2. Professionals
  3. Technicians and Associate Professionals
  4. Clerical Support Workers
  5. Service and Sales Workers
  6. Skilled Agricultural, Forestry, Fishery, Craft, and Related Trades Workers
  7. Plant and Machine Operators and Assemblers
  8. Elementary Occupations


The employee representative must be an employee of the organisation who is nominated or elected by the employees, and must not be in a management position.

The employee representatives must discuss the training and development needs with other employees and must bring employee queries and suggestions to the Training Committee for discussion and/or implementation.

The SDF can neither be the employee nor the employer representative.

RESPONSIBILITIES OF THE TRAINING COMMITTEE

Using The South African Labour Market Guide as a guide, the SETA adopted the following as the responsibilities of the Training Committee. It should be noted that it is at the discretion of the Training Committee to place some of these responsibilities partially or wholly on the SDF.

The Training Committee must:

  • Ensure that the organisation has a Training Policy and that it is in line with the regulations as laid down by the Skills Development Act;
  • Ensure that the development and implementation of the WSP/PTP are aligned to the strategic Mission and Vision of the organisation;
  • Keep the envisaged training and development of employees in the organisation abreast with the long-term transformation objectives of the organisation;Ensure that the WSP/PTP is aligned to the Employment Equity Plan and Business Plan of the organisation;
  • For the benefit of the organisation, take cognisance of BBBEE requirements;
  • Establish training priorities for the organisation based on its short and long-term needs;
  • Align training to the Sector Skills Plan, learnerships, career pathways, accredited national qualifications, etc. ;
  • Communicate the completed WSP/PTP to other employees in the organisation;
  • Monitor the implementation of the Workplace Skills Plan;
  • Annually develop the WSP/PTP;
  • Ensure fair and equitable development of employees in the organisation;
  • Acquire requisite resources to evaluate training development within the organisation;
  • Identify the skills development needs within the organisation and continually evaluate the implementation;
  • Develop and implement external and internal skills development strategies;
  • Monitor the progress of the skills development within the organisation;
  • Monitor the implementation of the WSP/PTP;
  • Develop and implement correctional actions where required;
  • Ensure that the skills needs of the organisation are identified;
  • Ensure that all staff has been classified according to the OFO codes; 
  • If required, ensure that there is a skills performance system in the organisation
  • Ensure that Mandatory Grants are spent on skills development.