In 1961, the government deemed it necessary to regulate the training of apprentices. For example, the Apprenticeship Act came into force in 1961. The purpose of this law is for interns to learn and train in the institutions where employees work. It has set out certain guidelines for the training of apprentices. In accordance with the Apprenticeship Act of 1961, it applied to industries and trades approved by the central government in the Official Gazette. Almost all industries fall within the scope of the law. Each training contract contains certain conditions that must be agreed between the employer and the trainee. These conditions must be fulfilled by both parties and, in any case, these phrases and conditions may not be affected under this Act or may vary with the provisions of this Act. Apprentices must be properly trained in accordance with the provisions of the law and the conditions of the apprenticeship contract. To this end, the employer must prepare well for the issue of practical training.
The employer must indicate the type of training offered to the trainee, the facilities and amenities offered to him, the amount of the scholarship that will be awarded to him and the duration of the training. The employer is obliged to perform the contract in accordance with the conditions set out in the contract. Most litigation related to the Training Act is mainly due to the fact that employers are not able to keep the promises they made when signing the terms of the contract. If the main objective of the agreement is for the employer to train the apprentice, this means that there is automatically a training contract. An apprenticeship must result from an agreement, sometimes called INDENTURE, which contains all the requirements of a valid contract. If the contract cannot be performed within one year, it must be in writing to comply with the FRAUD ACT, a former ENGLISH LAW adopted in the United States that requires certain agreements to be in writing. The trainee, the employer and, if the trainee is a minor, his/her parents or legal guardians must sign the training contract. Some jurisdictions require explicit consensual language in addition to the signature or signatures of one or both parents, depending on applicable law. The contract must contain the provisions prescribed by law and drafted for the benefit of the minor, e.B. in relation to his education and training. A breach of the apprenticeship contract may justify the award of damages and, unless permitted by law, the apprenticeship contract cannot be awarded or transferred to another person who would bind the trainee to a new service. If an employer thinks there might be a time when they find that they want to fire an intern, and given the above, it is probably best to include certain disciplinary conditions and procedures in the contract at the beginning of the training.
If the apprentice violates the terms of the agreement because of his misconduct, he cannot claim things like loss of wages. One condition to be taken into account is that an apprenticeship contract be concluded in conjunction with a qualifying training framework. Employers have already been trapped – simply using a standard contract and changing the job title to “apprentice” will not work because it does not contain the necessary clauses and the employer has therefore created a training contract instead. Last month, we discussed the government`s attempts to prevent the misuse of the term “apprentice” through new legislation under the Companies Act. Some employers seem to treat apprenticeships more casually – they may take one, then realize they can`t bear the costs involved and decide to fire them. Then they realize that they have fallen into something like a legal minefield. Each individual apprenticeship contract is sent to the apprenticeship advisor for registration. The apprenticeship counsellor must be fully satisfied if such an apprentice is qualified as an apprentice in the trade designated under the Apprenticeship Act 1961. As soon as the apprenticeship advisor is fully convinced that it is a valid apprenticeship according to the law, he will register the training contract. If the central government adopts regulations or laws concerning the apprenticeship program, these changes should amend the contract in accordance with these changes.
It doesn`t have to be in writing, although it`s a good idea for employers to get the contract in writing so that everyone has a point of reference in case of a dispute. It is not even necessary for the words “apprenticeship contract” to appear in the contract. A person receiving apprenticeship training must have reached the age of 14 and for occupations concerning safety issues, the apprentice must be 18 years of age. An apprentice follows an apprenticeship or masters the skills and masters the particular trade. In order for an apprenticeship contract to be concluded, a trainee and an employer must sign an agreement in which an apprentice is trained for a certain period of time under the direction of an employee, in which he or she receives training in a certain skill and which is trained with the same benefits and services as for workers. At the end of the apprenticeship period, the employer shall issue the apprentice with an apprenticeship certificate indicating the duration attesting to the successful completion of the apprenticeship in accordance with the conditions and provisions of the law. A person who attracts an apprentice from his employer may be sued by the employer, but the employer cannot recover unless the defendant was aware of the apprentice relationship. An agreement between an employer and a trainee or a written or oral contract can only be considered a training contract if it meets the specific requirements laid down by law. “The training contract must be a written explanation of the information provided to the employee for the purpose of complying with Article 1 of the Labour Act. The training contract shall also contain a declaration of the qualification, occupation or profession for which the apprentice is trained as part of the qualifying apprenticeship. The training may be completed by both parties by mutual agreement or by dismissal of the trainee for good cause, if no specific period of service has been specified. Automatic dismissal occurs after the end of the period of service, the involuntary withdrawal of the apprentice from the jurisdiction in which he was bound or the service in the armed forces, even if he worked voluntarily and without the consent of the employer […].