1976-HKRS28-16-24_Part01 — Page 41

Excmpion Groo

reatsration of

COMANAGES Of

Apprenticeship,

Effect of

mom (odging chotrapcs of

apprenuletablp

Car registroa,

Compulsory

registealing

of mandation docuchts

Varisdom of

registered epotracts at

appreotipechip.

8

(6) had the contract been in respect of a designated trade, he would have refused to register the contract on any ground specified in section 15(2).

(4) Where the Commissioner rofuses to register a contract of appren- ticeship under subsection (3) he shall forthwith notify the parties to the contract in writing of his refusa) and the grounds for refusa).

18. (1) A contract of apprenticeship which has been entered into before the commencement of this Ordinance and which has been attested by the Commissioner within one month after it was executed shall not be required to be registered under this Ordinance but shall, for the purposes of this Ordinance, be considered as if it were so registered

(2) In the case of any contract of apprenticeship to which wection 7(2) applies, the Commissioner may, if he is satisfied that the apprentice has undergone the major part of his apprenticeship period, instead of registering the contract grant to the employer an exemption in writing from registra- tion of the contract on such terms and conditions as the Commissioner thinks fil

(3) Where the Commissioner grants an exemption from registration under subsection (2) he shall forthwith notify the parties to the contract of the exemption and the terms and conditions (if any) under which the exemp- tion is granted.

19. If a contract of apprenticeship which is required to be registered under this Ordinance is not sent for registration within the prescribed time or such further time permitted by the Commissioner the employer shall be guilty of an offence and shall be liable on conviction to a fine of $2,000, and the court may order any employer who is convicted of an offence under this section to send the contract of apprenticeship to the Commissioner for registration.

20. (1) Every variation document shall be sent by the employer to the Commissioner within 14 days after it is executed (or such further time as The Commissioner may permit) for registration under this Ordinance and the Commissioner shall, subject to subsection (2), register all such variation documents.

(2) The Commissioner may refuse to register a variation document Bent under subsection (1) if he is satisfied that--

(a) the apprentice and his guardian (if any) have not freely assented

to the variation;

(b) the variation contravenes (his Ordinance; or

(c) the variation is not for the benefit of the apprentice

(3) Where the Commissioner refuses to register a variation document under subsection (2) he shall forthwith natify the parties to the contract in writing of his refusal and the grounds for refusal.

PART VI

VARIATION OF CONTRACTS OF APPRENTICESHIT

21. Without prejudice to this Part, no variation of a registered contract of apprenticeship shall be valid unless-

(a) the variation is contained in a document sigued by the parties to

the contract; and

(5) the variation document is registered under section 20.

22. (1) Where the Commissioner is of the opinion that a registered Apprendiceship apprentice has not or will not satisfactorily complete his apprenticeship on ton may be grounds of

(d) absence of the apprentice, due to illness or any other reasonable

cause, from employment;

(6) non-attendance of the apprentice, due to illness or any other reasonable cause, al any course of instruction which he is required lo attend under an attendance order; or

(c) failure of the apprentice to pass any examination or test which he

is required to pass,

the Commissioner may extend the period of apprenticeship specified in the contract of apprenticeship for a further period not exceeding one year.

(2) Where the Commissioner extends the period of apprenticeship under subsection (1) he shall→

(a) enter in the register and in any copy of the contract of apprentice-

ship produced to him a note of the extended period; and

(b) notify in writing the parties to the contract and, if necessary, the technical institution concerned of the extended period and the grounds on which the period was extended.

cttcoded la cestuia cave,

Apprendosip pored my b

horget where special quan

23 (1) Where a person, before entering into a contract of apprentice ship in a designated trade, obtains any specist qualification specified by the Commissioner in respect of that designated trade for the purposes of this section, the Commissioner may reduce the minimum period of apprentice- ahip specified for that designated trade by any period not exceeding one fi obiadnech.

year.

(2) Where the Commissioner reduces the period of apprenticeship under subsection (1) he shall—

(a) enlar in the register and in any copy of the contract of apprentice-

ship produced to him a note of the reduced period; and

(5) notify the parties to the contract in writing of the reduced period

and the grounds on which the period was reduced.

Assignment of portet of

24. (1) A registered contract of apprenticeship shall not be assigned from one employer to another employer except pursuant to this section de section 25.

(2) On receipt of an application in writing for approval to assigo a contract of apprenticeship, the Commissioner may, after making such in- quiries as he thinks fit and obtaining the consent of the apprentice and his guardian (if any), approve the proposed assignment.

(3) Where approval is granted under subsection (2) to the proposed assignment of a contract of apprenticeship, the Commissioner shall forward a form of assignment to the parties for completion by the parties and the new employer and return to the Commissioner.

(4) On receipt of the completed form of assignment by the Commis- Bioner he shall enter the name of the new employer in the register and the date on which the assignment is to come into effect.

(5) Where an assignment of a contract of apprenticeship is registered under subsection (4) the Commissioner shall notify in writing-

(a) the original employer:

(b) the new employer; and

apprenticeship by comployer.