CHAPTER
320
APPRENTICESHIP |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Duties and functions of the Board. |
Permission to employ apprentices. |
Who may be an apprentice. |
Medical examination of apprentices. |
Registration of contracts of apprenticeship. |
Transfer of contracts of apprenticeship. |
Termination of contracts of apprenticeship. |
Enticement of apprentices. |
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Suspension of apprenticeship. |
Records to be kept by employers. |
Limitations in regard to method of payment,
overtime and foreign service. |
Certificate of competency and proficiency. |
Registration of existing contracts of
apprenticeship. |
Appointment of inspectors. |
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CHAPTER 320 |
APPRENTICESHIP |
An Act to
make provision for the regulation of the training of trade apprentices. | 1 of 1968
E.L.A.O., 1974 |
[Assent 4th January,
1968]
[Commencement 1st January, 1983] |
1. This Act may be cited as the Apprenticeship Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"apprentice"
means a person who is bound by a written contract to serve an employer for a
determined period of time with a view to acquiring knowledge, including theory
and practice, of a trade in which the employer is reciprocally bound to
instruct that person; |
"Board"
means the Apprenticeship Board established under section 3 of this Act; |
"inspector"
means an inspector appointed by the Governor-General under the provisions of
section 18 of this Act; |
"Minister"
means the Minister responsible for Apprenticeship and Industrial Training; |
"minor"
means a person under the age of twenty-one years. |
3. (1) The Minister may, by notice in the Gazette
establish a Board to be known as the Apprenticeship Board, which shall consist
of a Chairman and seven members who shall be appointed by the Minister and who
shall hold office for such period, not exceeding three years, as shall be
specified at the time of their appointment, and on the expiration of such
period shall be eligible for reappointment: | Apprenticeship Board. |
Provided that- |
(a) two members
shall be persons appearing to the Minister to represent the interests of
skilled workmen; |
(b) two members
shall be persons appearing to the Minister to represent the interests of the
employers of skilled workmen; and |
(c) one member
shall be a member of the Central Advisory Council for Education. |
(2) The Minister
may appoint a Secretary to the Board, and such other officers as may be
considered necessary, who shall perform such duties as the Board may determine. |
(3) The Minister
may at any time if he shall think fit terminate the appointment of the Chairman
or of any member of the Board. |
(4) The Chairman
or any member of the Board may resign his appointment by tendering notice in
writing to the Minister. |
(5) The Board may
co-opt any one or more persons to attend a meeting or meetings of the Board for
the purpose of assisting or advising the Board, but no such co-opted person or
persons shall have a vote. |
(6) The quorum of
the Board for any meeting shall be four members. |
(7) Subject to the
provisions of this section, the Board shall have power to regulate its own
proceedings. |
4. Without prejudice to the other provisions contained
in this Act, the Board shall perform the following duties and functions- | Duties and functions of the Board. |
(a) it shall at
the request of the Minister, and may of its own motion, investigate and make
recommendations to the Minister on any matters connected with this Act; |
(b) it shall
perform such duties and functions in regard to any matter concerning
apprenticeship as may be prescribed by rules made under section 20 of this Act. |
5. (1) | Permission to employ apprentices. |
(a) No person
shall employ an apprentice without having first obtained the written permission
of the Board to do so. |
(b) Any
permission given by the Board under this subsection shall specify the maximum
number of apprentices who may be employed at any, one time by the person to
whom the permission is given. |
(2) No permission
shall be given under this section unless the person applying therefor satisfies
the Board that his establishment offers reasonable opportunities for the proper
training of the apprentice or the number of apprentices for which such
permission is to be given. |
(3) The Minister
may, upon the application of any person aggrieved by the decision of the Board
under this section, review such decision and may confirm, vary or reverse the
same, and the decision of the Minister thereon shall be final. |
(4) Any person
who- |
(a) employs an
apprentice without first obtaining the written permission of the Board; or |
(b) having
obtained the written permission of the Board to employ apprentices, employs at
any one time a number of apprentices in excess of the maximum number specified
in such written permission, |
shall be
guilty of an offence against this Act. |
6. (1) Any person who- | Who may be an apprentice. |
(a) has
attained the apparent age of fifteen years; |
(b) has
completed any period of compulsory education required by law; and |
(c) has been
certified fit as provided in section 7 of this Act, |
may, subject
to the provisions of subsection (3) of this section, bind himself as an
apprentice in any trade. |
(2) No person who
does not qualify therefor under the provisions of subsection (1) of this
section shall bind himself as aforesaid. |
(3) A person who
is a minor shall not bind himself as aforesaid except with the consent of his
parent or guardian or, if there is no such parent or guardian, with the consent
of the Board. |
(4) A minor who,
with such consent as aforesaid, binds himself as an apprentice shall be bound
by the contract of apprenticeship throughout the term of the contract
notwithstanding that he may have in the meantime attained his majority. |
7. Every person before entering into a contract of
apprenticeship shall be medically examined at the expense of the proposed
employer by a medical practitioner; and a medical certificate to the effect
that such person is fit to be employed in the trade concerned shall be obtained
from such practitioner by the employer. | Medical examination of apprentices. |
8. (1) Every contract of apprenticeship made after the
commencement of this Act shall be in such form as may be prescribed or, where
no form has been prescribed, in a form approved by the Board. | Registration of contracts of apprenticeship. |
(2) An employer
who enters into a contract of apprenticeship with any person shall, within
fourteen days thereafter, lodge with the Board for registration- |
(a) the
contract of apprenticeship together with two copies thereof; and |
(b) the medical
certificate obtained under the provisions of section 7 of this Act. |
(3) Any employer
who fails to comply with the provisions of subsection (2) of this section shall
be guilty of an offence against this Act. |
(4) No contract of
apprenticeship made after the commencement of this Act shall be binding unless
and until it has been registered by the Board. |
(5) The Board may
refuse to register any contract of apprenticeship if, in its opinion, it is not
in the interests of the person who is the apprentice, or if it is not made in
accordance with the provisions of this Act or of any rules made thereunder. |
(6) Any party
dissatisfied with the refusal of the Board to register a contract may appeal to
the Minister within thirty days from the date upon which the decision of the
Board is communicated to him, and the Minister may either confirm or reverse
the decision of the Board, and the decision of the Minister on appeal shall be
final. |
(7) In every case
where the Board registers a contract under this Act, it shall- |
(a) endorse the
particulars of registration thereon and on one of the copies referred to in
paragraph (a) of subsection (2) of this section, and return the contract and
such copy to the employer; and |
(b) file the
other copy referred to in paragraph (a) of subsection (2) of this section. |
(8) The employer
shall deliver the copy which has been endorsed as aforesaid to the apprentice
for him to keep. |
9. (1) The rights and obligations of an employer under
any contract of apprenticeship may, with the consent of the apprentice
thereunder, and with the approval of the Board, be transferred to another
employer. | Transfer of contracts of apprenticeship. |
(2) The Board may
withhold its approval under the provisions of this section if, in its opinion,
the transfer is not in the interests of the apprentice. |
(3) No transfer of
the rights and obligations of an employer under any contract of apprenticeship
shall take effect until the instrument of transfer- |
(a) has been
reduced to writing and has been signed by or on behalf of the employer
transferring such rights and obligations and by the employer to whom such
rights and obligations are being transferred and by the apprentice; and, where
such apprentice is a minor, has been signed also by his parent or guardian, or
if he has no parent or guardian, by the Board; and |
(b) has been
registered by the Board. |
(4) The employer
to whom the rights and obligations under a contract of apprenticeship are being
transferred as aforesaid shall, within one month of the date on which the
instrument of transfer is signed by him, lodge such instrument with the Board
for registration, and any such employer who fails so to lodge such instrument
shall be guilty of an offence against this Act. |
10. (1) Subject to the provisions of section 12 of
this Act any contract of apprenticeship may be terminated- | Termination of contracts of apprenticeship. |
(a) by mutual
agreement in writing of the parties thereto with, in the case of an apprentice
who is a minor, the same consent as is required for binding himself as an
apprentice; or |
(b) by the
Board at the instance of any party thereto if it is satisfied that it is
expedient to do so. |
(2) The employer
shall give notice to the Board of the termination of any contract under
paragraph (a) of subsection (1) of this section and any employer who fails to
give such notice within a period of one month after the date of such
termination shall be guilty of an offence against this Act. |
(3) The Board
shall not exercise the powers conferred upon it by paragraph (b) of subsection
(1) of this section unless it has given both parties to the contract an
opportunity to be heard orally by the Board or to make representations in
writing to it. |
(4) Any party
dissatisfied with the decision of the Board to terminate a contract of
apprenticeship may appeal to the Minister within thirty days from the date upon
which the decision of the Board is communicated to him and the Minister may
confirm or vary any such decision of the Board, and the decision of the
Minister on appeal shall be final. |
11. Any person who induces or attempts to induce an
apprentice to quit the service of his employer, or employs a person whom he
knows to be bound by a contract of apprenticeship shall be guilty of an offence
against this Act and liable to a fine not exceeding three hundred dollars or to
imprisonment not exceeding six months. | Enticement of apprentices. |
12. (1) The first six months of every contract of
apprenticeship shall be a period of probation during which the contract may be
terminated by either party thereto. | Probationary period. |
(2) The employer
shall give notice to the Board of the termination of any contract under the
provisions of subsection (1) of this section, and any employer who fails to
give such notice within a period of one month after the date of such
termination shall be guilty of an offence against this Act. |
13. (1) If an employer is satisfied that an apprentice
bound to him by contract under the provisions of this Act has committed a
serious breach of the terms of such contract or of any conditions of
apprenticeship applicable to such apprentice, he may forthwith suspend the
apprenticeship. | Suspension of apprenticeship. |
(2) An employer
who has suspended an apprenticeship shall report the matter in writing to the
Board forthwith and in any case not later than seven days after the suspension
and the Board shall cause an investigation to be made into the matter and may
confirm or set aside the suspension of the apprenticeship or vary the term
thereof. |
(3) Whether or not
a complaint has been lodged by the employer, the Board may order the suspension
of an apprenticeship during the course of any investigation which it may see
fit to order. |
(4) Where the
Board sets aside the suspension of an apprenticeship the employer shall pay to
the apprentice such wages as may have been withheld from him during the period
of the suspension. |
(5) Any employer
who fails to report the suspension of an apprenticeship in accordance with the
provisions of this section shall be guilty of an offence against this Act. |
14. (1) Every employer who employs an apprentice shall
keep in respect of each such apprentice a record of the remuneration paid to,
and of the time worked by, such apprentice, together with such reports as may
be made on the work of such apprentice. | Records to be kept by employers. |
(2) Every person
who employs or has employed an apprentice shall retain any record made in
accordance with this section for a period of twelve months after the date of
termination of the contract of apprenticeship. |
(3) Every employer
who fails to keep the required records and every employer and former employer
who fails to retain any record made in accordance with the provisions of this
section for the required period of time shall be guilty of an offence against
this Act. |
15. Notwithstanding the provisions of any other law
for the time being in force in The Bahamas, any term of a contract of apprenticeship
or any conditions of apprenticeship which- | Limitations in regard to method of payment, overtime
and foreign service. |
(a) provide
that the whole or any part of the wages of an apprentice shall be based on the
quantity of the work done; or |
(b) require an
apprentice under seventeen years of age to work overtime; or |
(c) provide for
an apprentice to be employed outside The Bahamas except with the consent of the
Board, |
shall be
null and void. |
16. (1) On the satisfactory completion of a contract
of apprenticeship, the employer shall make out a certificate of competency and
proficiency and give it to the apprentice and shall also send a copy of such
certificate to the Board. | Certificate of competency and proficiency. |
(2) Any employer
who fails to provide such certificates or knowingly gives to an apprentice a
certificate under this section which is untrue in any material particular,
shall be guilty of an offence against this Act. |
17. Any person employing an apprentice at the
commencement of this Act may continue to employ that apprentice notwithstanding
that the contract of apprenticeship is not a registered contract but in every
such case the employer shall within two months transmit the contract of
apprenticeship to the Board for registration under the provisions of section 8
of this Act. | Registration of existing contracts of apprenticeship. |
18. The Governor-General, acting in accordance with
the advice of the Public Service Commission, may appoint such persons as he
thinks necessary to be inspectors for all or any purposes of this Act. | Appointment of inspectors. |
19. (1) An inspector may- | Powers of inspectors. |
(a) at any
reasonable time during working hours without a warrant enter any premises in
which he has reasonable cause to believe that an apprentice is, or has within
the previous six months been, employed; |
(b) examine,
with respect to matters under this Act, any apprentice or any person whom he
has reasonable cause to believe to be, or to have been within the preceding six
months, employed on such premises; |
(c) require the
production of any of the records required to be kept under the provisions of
this Act; |
(d) examine and
make extracts from and copies of any such documents produced: |
Provided that an
inspector- |
(i) shall not
without a warrant enter or inspect a private dwelling house without the consent
of the occupier thereof; |
(ii) shall on
arrival notify the employer or his representative of his presence on the
premises; and |
(iii) if so
required by the employer or such representative shall permit the employer or
such representative to accompany him during the inspection or examination. |
(2) Any person
who- |
(a) refuses or
fails to comply to the best of his ability with any requirements made by an
inspector under the provisions of this section; or |
(b) wilfully
hinders an inspector in the exercise of his powers under the provisions of this
section, |
shall be
guilty of an offence against this Act. |
(3) Any inspector
exercising or seeking to exercise any of the powers specified in subsection (1)
of this section shall, on being required to do so, produce written evidence of
his appointment. |
20. The Minister, after consultation with the Board,
may make rules generally for giving effect to the provisions of this Act, and
in particular by such rules may prescribe- | Rules. |
(a) the
standard of education which a person shall be required to attain for employment
as an apprentice; |
(b) the minimum
rates of pay to be paid to apprentices; |
(c) the maximum
hours of work for apprentices; |
(d) the minimum
period of apprenticeship to be served in any trade; |
(e) the nature
of returns which employers may from time to time be required to furnish to the
Board and the period within which those returns should be so furnished; |
(f) the system
of theoretical and practical training which apprentices shall undergo and the
manner in which such training shall be provided by employers for the
apprentices in their employ in any trade; |
(g) the
proficiency tests or examinations which apprentices in any trade shall be
required to undergo from time to time; and |
(h) the minimum
period of paid holidays to be allowed to apprentices during any year of their
apprenticeship. |
21. This Act shall bind the Crown. | Crown to be bound. |
22. Any person who commits an offence against this Act
for which no penalty is specifically provided shall be liable to a fine not
exceeding one hundred and fifty dollars or to imprisonment for a period of
three months. | General penalty. |