If an employer feels that there may be a point where it wants to fire an apprentice and given the above, it is probably preferable that specific conditions and disciplinary procedures be included in the contract at the beginning of the apprenticeship. If the apprentice breaks the terms of the agreement because of his misbehaviour, then he will not be able to demand for things like the shortfall in wages. You can write your own apprenticeship contract or download a learning contract template. This applies to all apprenticeship places for which a standard is published. If this is the case, the agreement must mention the standard and is then called an “approved English apprenticeship contract.” If there is no relevant standard, there is no need to make changes to agreements developed under the 2009 Act. This agreement must be signed by the apprentice and the employer at the beginning of the apprenticeship. 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. If the main objective of the agreement is for the employer to train the apprentice, it means that it is automatically an apprenticeship contract.
When an apprentice is employed on an apprenticeship contract, he has the rights of ordinary workers and, in the event of dismissal, standard redundancy rules are at stake. These have only been with us since the Learning, Skills, Children and Learning Act 2009. Section 32 of the Act defines what an apprenticeship contract is and Section 37 defines the obligation to participate. Under the law, an “authorized English apprenticeship contract” is considered a service contract that gives the apprentice only the legal protection enjoyed by ordinary workers. The rights of an apprentice under an apprenticeship contract were discussed above. 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.
It does not need to be written, although it is a good idea for employers to get the contract in writing, so that everyone has a reference point in case of litigation. The words “apprenticeship” do not even need to appear in the 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.