CHAPTER 275
APPRENTICESHIP ACT

Arrangement of Sections

   Section

   1.   Short title

   2.   Interpretation

   3.   Application of Act

   4.   Repealed

   5.   Repealed

   6.   Repealed

   7.   Controller of Apprenticeship

   8.   Designation of trades

   9.   Penalty for employing minors contrary to Act

   10.   Enticement to leave employment illegal

   11.   Who may bind himself as apprentice

   12.   Registration of contracts of apprenticeship

   13.   Refusal to register contract of apprenticeship

   14.   Existing contract of apprenticeship

   15.   Transfer of contracts

   16.   Suspension of apprentice

   17.   Rescission of contracts of apprenticeship

   18.   Modification of contracts of apprenticeship

   19.   Appeals to Minister

   20.   Appointment of inspectors

   21.   Powers of inspectors

   22.   Secrecy to be observed

   23.   Regulations

   24.   Spent

   25.   Offences

   26.   Acts or omissions by managers, agents or employees

   27.   Exemption by Minister

   28.   Repeal and savings

AN ACT

to regulate the employment of apprentices in various trades; to provide for the registration, transfer, modification and rescission of contracts of apprenticeship; to provide for the appointment of inspectors and to specify their powers; to provide for the making of regulations; and to provide for matters incidental to or connected with the foregoing.

[3rd September, 1965]

Act 36 of 1964,

Act 56 of 1970,

Act 13 of 1994,

GN 497 of 1964.

1.   Short title

This Act may be cited as the Apprenticeship Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

“apprentice” means any person employed under a contract of apprenticeship registered under section 12 or 14;

“Controller” means the Controller of Apprenticeship appointed in pursuance of section 7;

“designated trade” means any trade designated under sub-section (1) of section 8, or, if the Minister has defined any such trade under paragraph (b) or sub-section (1) of section 8, such trade as so defined;

“employer” means any person who employs any apprentice or who employs or provides work for any minor in any designated trade;

“guardian” includes, in the case of a minor who has no guardian, or who has no guardian who is able to assist him, a person who, with the approval of the Controller, acts as or in the place of the guardian of the minor;

“industry” includes any class of undertaking and any section or portion of an industry and any group of industries;

“inspector” means an inspector appointed under section 20;

“minor” means any person under the age of twenty-one years;

“trade” includes any branch of a trade and any group of trades or branches of trades.

3.   Application of Act

   (1) This Act shall not apply to—

      (a)   any student at a university, university college, technical college or school, specified by the Minister, who works in a designated trade during vacations in order to obtain practical experience;

      (b)   work performed in or in connection with any educational institution approved by the Minister, as part of the education or training of the persons performing it;

      (c)   any person who, having obtained a diploma or degree of a university, university college or technical college, works in a designated trade in order to obtain practical experience;

      (d)   any person who is working in a designated trade as a part of his training as a pupil engineer.

4.   …

[S 4 rep by Act 56 of 1970.]

5.   …

[S 5 rep by Act 56 of 1970.]

6.   …

[S 6 rep by Act 56 of 1970.]

7.   Controller of Apprenticeship

   (1) The shall be a Controller of Apprenticeship who shall be a public officer and who shall, subject to the directions of the Minister, exercise the powers conferred and carry out the duties imposed on the Controller by this Act or any other law and perform such other duties as the Minister may from time to time assign to him.

   (2) The Minister may, by Gazette notice, designate such number of public officers as he deems necessary for the purpose of carrying out the provisions of this Act, and the Controller may authorise any officer so designated to perform, subject to his directions, any act which may lawfully be performed by the Controller.

   (3) The provisions of the Interpretation and General Provisions Act shall apply to the power of designation under this section as it applies to the power of appointment under any written law.

8.   Designation of trades

   (1) The Minister may, by statutory notice—

      (a)   designate any trade included in an industry as a trade in respect of which the provisions of this Act shall apply;

      (b)   define such trade by reference to the work performed therein, the operations of which it is composed or the type or class of premises upon which the work or operations are performed.

   (2) The Minister may, by statutory notice, vary or revoke any designation made in pursuance of the provisions of sub-section (1).

9.   Penalty for employing minors contrary to Act

   (1) No person shall, without the written permission of the Controller, employ in a designated trade any minor who is eligible for service as an apprentice under this Act for a longer period than six months, or for a period which, when added to any period or periods during which such minor has been employed in a trade, exceeds six months, unless a contract of apprenticeship has been entered into in accordance with this Act:

Provided that any employer of an eligible minor shall inform the Controller of the employment of such person within seven days from the date of his employment.

   (2) The permission of the Controller under sub-section (1) may be given in respect of any individual minor or any class of minors or in respect of all minors employed in any particular class of work.

   (3) Any person dissatisfied with the refusal of the Controller to grant permission under this section may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him.

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