Apprenticeship Agreement Regulations 2012

The Apprenticeship, Skills, Children and Learning Act 2009 aimed to remedy this situation by introducing the concept of “apprenticeship contract”. An apprenticeship contract is a “service contract” (as opposed to an “apprenticeship contract”) in which the trainee undertakes to work for the employer under the agreement, in a prescribed form, as provided for in the Apprenticeships (Forme of Apprenticeship Agreement) Regulations 2012. The regulations that came into force on 6 April 2012 provide that the apprenticeship contract must contain the main information relating to the apprentice`s employment, as is necessary for all workers within the meaning of section 1 of the Employment Rights Act 1996 (ERA). This means that an apprentice who works under an apprenticeship contract has the same labour law rights as other workers. Traditionally, apprenticeship contracts have been a heavier burden on the employer than an ordinary employment contract, the main objective of the apprenticeship being considered to be the provision of training to the person concerned, the performance of work being a secondary counterpart for the employer. Such contracts were subject to the common law and generally had a fixed duration. The trainee was protected against early termination of the training contract, which in many cases prevented employers from engaging in such an agreement, especially in difficult economic times. . .

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