19 Sep English Apprenticeship Agreement
The end of a training – in short, a common law training contract is usually a fixed-term contract and employers have only a limited right of termination before the expiry of their lifespan. However, apprentices hired under apprenticeship contracts may be dismissed in the same way as ordinary workers. The contract may therefore be a contract of indefinite duration which may be terminated for a period of notice or for a fixed period, with or without notice. If the trainee is employed under an approved English apprenticeship contract or an apprenticeship contract, the normal principles apply to unjustified infringements and termination requests. As a result, employers can effectively manage low-performing apprentices like any other worker, but if the dismissal of an apprentice is then found to be unfair, a court can take into account loss of income, etc. due to the non-degree of the apprenticeship (and the unfair dismissal of the employer). Apprenticeship is open to all ages over 16, at an intermediate, advanced and higher level. Training lasts a limited period of time (usually 1 to 4 years) and/or until a level of qualification is obtained. As a rule, apprentices work at least 30 hours a week. Wages, wages and the national minimum wage (NMW) include a specific category for apprentices, with hourly rates significantly lower than those of other workers. The ASCLA states that an “Authorized English Apprenticeship Contract” is an agreement that came into force in 2011 through the Apprenticeship, Skills, Children and Learning Act (ASCLA 2009).
A new legal form of apprenticeship has thus been introduced; an apprenticeship contract under which the trainee works for an employer under the conditions set by ASCLA 2009 and apprenticeships (Form of Apprenticeship Agreement) Regulations 2012. An apprenticeship contract has the status of a service contract, which means that an apprentice hired under an apprenticeship contract is only entitled to the legal protection granted to ordinary workers but who does not have enhanced protection against dismissal. Great caution should be exercised with regard to the dismissal of an apprentice. Where a court decides that the dismissal is unfair, it may require the employer to pay the wages and training costs that should have been paid for the remainder of the training and may grant significant additional subsidies to reflect the damage caused to the apprentice`s future career, i.e.: The apprentice`s inability to qualify and thus to benefit from the future improvement in income that the qualification would have brought. This could be especially expensive if the person qualified to become a craftsman in time, for example. B an electrician or plumber. An apprentice who works under an apprenticeship contract is entitled to all legal provisions on protection against dismissal and enhanced protection against dismissal. For example, an employer who dismisses an apprentice may be held liable for heavy penalties that may include training costs for the rest of his or her studies, a loss of wages for the initial duration of the apprenticeship period (which can be up to 5 years), and future income losses due to the impairment of an apprentice`s future earning capacity by not graduating from the training program. .