Contract of apprenticeship, JAMAICA

Tapa:

Pais:

Jamaica

Idioma Inglés

Resumen:

THE APPRENTICESHIP ACTJune, 1955Contract of apprenticeship means an agreement whether originally expressed in writing or not made between an employer and a worker, or between an employer and a worker and the parent or guardian of the worker, whereby the employer agrees to teach and the worker agrees to learn any trade in which the employer is engaged.

THE APPRENTICESHIP ACT

June, 1955

Contract of apprenticeship means an agreement whether originally expressed in writing or not made between an employer and a worker, or between an employer and a worker and the parent or guardian of the worker, whereby the employer agrees to teach and the worker agrees to learn any trade in which the employer is engaged.

Contrato de aprendizaje:

THE APPRENTICESHIP ACT

Reference in the act

------

Preliminary

“apprentice” means a person employed under a contract of apprenticeship;

“apprenticeship order” means an apprenticeship order

“the Board” means the Apprenticeship Board

“contract of apprenticeship” means an agreement whether originally expressed in writing or not made between an employer and a worker, or between an employer and a worker and the parent or guardian of the

worker, whereby the employer agrees to teach and the worker agrees to learn any trade in which the employer is engaged,

(…)

Contracts of Apprenticeship

7.(1) Every contract of apprenticeship entered into after the coming into force of this Act shall be in writing and shall be signed by the employer and the apprentice; and if the apprentice is under the age of eighteen years by his parent or guardian (if any).

(2) Every contract of apprenticeship subsisting at the date of the coming into force of this Act shall, if it is not already in writing and signed as aforesaid, be forthwith reduced into writing and so signed.

(3) Where a body corporate is a party to any contract of apprenticeship the contract need not be under seal but may be signed on behalf of the corporation by such person or persons as by law are authorized to sign contracts in writing of the corporation not being

contracts under seal.

(4) Notwithstanding anything in the Stamp Duty Act no stamp duty shall be payable on a contract of apprenticeship entered into after the coming into force of this Act.

8. From and after the coming into force of this Act no Restriction subsection (1) of section 10 or of subsection (2) of section 11, apprentices. employ an apprentice in any prescribed trade unless a contract of apprenticeship relating to that apprentice has been registered by the Board in accordance with the provisions of this Act.

9. (1) Every employer upon entering into a contract of apprenticeship in respect of any prescribed trade shall transmit the contract to the Board for registration.

(2) The Board may register such contract, or may refuse to register it if in their opinion the employer will not be able to provide adequate facilities for the training of the apprentice or the contract does not comply with the provisions of this Act or of any apprenticeship order.

(3) Where the Board decide to register a contract of apprenticeship they shall cause to be recorded in a register to be kept for the purpose such particulars of the contract as they may determine and shall endorse on the contract a note of its registration.

(4) Whenever the Board refuse to register a contract of apprenticeship they shall forthwith inform the parties thereto by notice in writing of their refusal and the grounds therefor.

(5) A contract of apprenticeship which is required to be registered under this section shall not confer or impose any rights or obligations on the parties thereto until it has been registered by the Board in accordance with the provisions of this Act.

10.41) A person employing an apprentice in any trade of which becomes a prescribed trade after the employment of the apprentice commenced may continue to employ the apprentice in such trade notwithstanding that the contract of apprenticeship is not a registered contract.

(2) In any such case the employer shall forthwith upon the trade becoming a prescribed trade transmit the contract of apprenticeship to the Board who shall record it in the manner provided in subsection (3) of section 9.

11.-(1) Any person alfected by the refusal of the Board, to register a contract of apprenticeship under section 9 may appeal in the prescribed manner to the Tribunal whose decision shall be final and conclusive.

(2) In any case where an appeal has been lodged against a refusal to register a contract of apprenticeship the Board may if they think fit, on application, grant a permit in the prescribed form for the employment of the worker in accordance with the contract pending the decision of the Tribunal.

12.-(1) Subject to the provisions of this section

(a) an apprentice who is a party to a registered contract shall be bound thereby throughout its currency notwithstanding that the apprentice may have attained the age of eighteen years;

(b) a parent or guardian of an apprentice who is a party to a registered contract shall be bound thereby until the apprentice attains the age of eighteen years and no longer.

(2) At any time during the period of probation prescribed by a registered contract, the contract may be cancelled by the employer or by the apprentice where the apprentice has attained the age of eighteen years, or by the apprentice and his parent or guardian (if any) where the apprentice is under the age of eighteen years.

(3) A registered contract may be cancelled by the Board at any time upon the application of the eiiiployer or of the apprentice where the apprentice has attained the age of eighteen years, or of the apprentice and his parent or guardian (if any) where the apprentice is under the age of eighteen years:

Provided that where any party to such contract notifies the Board that he objects to the cancellation of the contract the Board shall not cancel the contract without affording to that party, or to any person chosen by him to represent his views, an opportunity to be heard.

13.-(1) In any case where an apprentice who is a party to a registered contract so misconducts himself or proves himself to be so incapable that if he were an employee other than an apprentice it would be reasonable for his employer to discharge him: the employer may suspend him and apply to the Board for leave to discharge him.

(2) Every such application shall be made within three days after the apprentice is so suspended and where such application is duly made the employer may withhold any wages accruing due to the apprentice in respect of the period of suspension.

(3) The Board shall consider the application after giving the employer, the apprentice and his parent or guardian (if any) an opportunity to be heard and may grant or refuse leave to discharge the apprentice. If for the purposes of such hearing the person to whom the opportunity is afforded so desires, the like opportunity shall be afforded to a person chosen by him to represent his views.

(4) Where any such leave is granted the employer shall be entitled to discharge the apprentice as from the date on which he was suspended and in any such case the contract of apprenticeship shall be deemed to be cancelled.

(5) Where leave as aforesaid is refused the Board may make such order as they think fit as to payment wages to the apprentice in respect of the period of his suspension. If no such order is made the employer shall pay to the apprentice all wages that would have been payable to him in respect of the period of suspension had he not been suspended.

(6) The employer or the apprentice may within seven days after the Board have granted or refused leave to discharge the apprentice appeal in the prescribed manner to the Tribunal, whose decision shall be final and conclusive.

(7) If the employer, notwithstanding that leave to discharge the apprentice has been refused by the Board or, in the case of appeal, by the Tribunal, discharges the apprentice such discharge shall for all purposes be conclusive proof of a breach by the employer of the contract of apprenticeship.

(8) If the Tribunal in determining any appeal as aforesaid decide in favour of the apprentice they may fix an amount which shall be payable to the apprentice as damages for breach of the contract of apprenticeship in, the event of the employer discharging him contrary to the determination of the Tribunal, or the Tribunal may in lieu of fixing such amount grant leave to the apprentice to make to the Tribunal ex parte an application for the fixing thereof in the event of the employer discharging the apprentice contrary to the determination of the Tribunal.

Any such amount shall be in addition to the amount of wages payable in respect of the period of suspension.

(9) The amount (if any) so fixed by the Tribunal shall in the event of the apprentice being unlawfully discharged constitute a civil debt to the apprentice by the employer and may be recovered in the Resident Magistrate’s Court.

(10) Where an employer without proceeding in accordance with the foregoing provisions of this section discharges or purports to discharge an apprentice or having suspended him does not within three days thereafter make application as aforesaid for leave to discharge him the apprentice may within seven days after discharge or within ten days after the suspension, as the case may be, apply to the Board for relief from the discharge or suspension and thereupon the provisions of this section shall apply in like manner as if the employer had proceeded in accordance with subsection (1).

(…)

19.-(1) Whenever for any reason (including the completion of his contract of apprenticeship) an apprentice under a registered contract ceases to be employed by his employer, it shall be the duty of the employer to supply to the Board a statement in the prescribed form setting foith particulars of the service of the apprentice.

(2) The Board shall forthwith endorse a note of the termination on the registered contract and on every copy thereof submitted to them for that purpose by any of the parties to the contract.

20. On being satisfied that an apprentice has duly completed his apprenticeship under a registered contract the Board shall supply to the apprentice a certificate in the prescribed form that the apprentice has duly completed his apprenticeship.

Enlace:

THE APPRENTICESHIP ACT. 23rd June, 1955

Reglamentario:

The Apprenticeship Act Regulations, 1957

The Law Revision Act, 1973

The Apprenticeship (Motor Mechanic Trade), 1959

Secciones:

Jóvenes