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  • 12. Dezember 2020

    Legal Meaning Of Apprenticeship Agreement

    If the main objective of the agreement is for the employer to train the apprentice, it means that it is automatically an apprenticeship contract. Some employers seem to treat learning rather casually – they can take one, then realize they can`t bear the costs, and they decide to lay them off. Then they discover that they have stumbled into some sort of legal minefield. For more information on this or other legal issues, please contact us: the regulation, which came into effect on April 6, 2012, states that the apprenticeship contract must contain the most important data on apprenticeship employment – as is appropriately said to all workers within the meaning of Section 1 of the Employment Rights Act 1996 (ERD). This may be either a written statement of employment data or a written document in the form of an employment contract or letter of commitment. For all new apprentices starting their training, an apprenticeship contract is required at the beginning of the apprenticeship. This is a legal requirement and constitutes an employment contract between the apprentice and the employer. Apprentices under the age of 18 must have a parent or legal guardian signed on their behalf. One condition to remember is that an apprenticeship contract be entered into as part of a qualified learning framework. So far, employers have been caught red-handed – only the use of a standard contract and the modification of the professional title as „apprentice“ will not work, as they do not contain the necessary clauses and the employer has therefore instead entered into an apprenticeship contract. Starting in May 2015, the 2015 Deregulation Act amended the Apprenticeships, Skills, Children and Learning Act 2009 to introduce the idea of an „approved English apprenticeship contract.“ Before the program begins, an apprenticeship contract is signed by the employer and the apprentice, which explains the main details of the apprenticeship. The apprenticeship contract must also include a statement on the skills, occupation or profession for which the apprentice is trained in the apprenticeship. A laid-off apprentice may receive a higher salary than other workers in the same situation.

    Indeed, such a distinction reflects not only the shortfall in the apprenticeship contract, but also possible future income that they cannot make now. On the other hand, apprentices with apprenticeship contracts have more rights. If they make a mistake or break the contract, the employer cannot automatically interrupt the training. This means that an apprentice who works under an apprenticeship contract has the same labour law rights as other workers. Because apprentices who work under an apprenticeship contract work under an employment contract with their employer, they are entitled to a salary under national minimum wage schemes. You might think that apprentices are just fixed-term workers, but that is not the case. Section 20 of the Prevention of Less Favourable Treatment 2002 states that „these regulations have no effect on employment under a fixed-term contract if the contract is an apprenticeship contract.“ This means that apprenticeship contracts are not legally considered temporary and can have serious consequences for an employer if it decides to lay off an apprentice.


    Verfasst von Stefan Oberhauser

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