What legal rights do apprentices have?
Most modern apprentices are categorised as employees, which entitles them to a wide range of statutory work rights including: at least 20 days paid holiday a year (plus bank holidays); at least the National Minimum Wage for apprentices; rest breaks; health and safety protection; and a contract of employment or training …
Does an apprentice have the same rights as an employee?
Apprentices have the same rights as other employees. You are entitled to a contract of employment, and a minimum of 20 days paid leave each year, plus bank holidays. the apprenticeship framework or standard you will be working to, and the skill, trade or occupation for which you are being trained.
Can an employer dismiss an apprentice?
Ultimately, apprentices who are employed under an apprenticeship agreement are subject to the same terms and conditions as any other employee. This means that they can be dismissed in the same way as any other employee within the company.
What are some of your rights and responsibilities as an apprentice?
Responsibilities of the apprentice or trainee Attend work, do the job and follow the employer’s lawful instructions. Work towards achieving the qualification or statement of attainment stated in the training contract. Participate in negotiating the training plan for the apprenticeship or traineeship.
Is it illegal to make an apprentice redundant?
There is a significant body of legal opinion that suggests that contract law explicitly protects apprentices from redundancy. That making an apprentice redundant would put the employer in breach of contract.
Can apprentices claim unfair dismissal?
How is an apprentice different to a regular employee? An apprentice will typically be an employee. They will therefore benefit from all related rights, such as the right to claim unfair dismissal (subject to them being employed for at least 2 years) and protection against discrimination.
Can an apprentice change employer?
An apprenticeship or traineeship may be transferred to a new legal employer with the approval of the Commissioner for Vocational Training. both the apprentice/trainee and the existing employer consent to the transfer.
Can you make an apprentice redundant Australia?
The only entitlement not granted to apprentices is redundancy pay in the case of a legal redundancy. Further, an apprentice cannot claim unfair dismissed if dismissed at the conclusion of apprenticeship. School-based apprentices should be paid in full for the hours worked for the employer.
What happens if an apprentice gets fired?
The law is that if the employer terminates the employment early, thereby depriving the apprentice of the training, the apprentice is entitled to claim damages for wrongful dismissal for the remainder of the fixed-term and also damages for future loss of earnings and prospects as a qualified person.
Can you make an apprentice redundant?
Can an apprentice be made redundant? There is a significant body of legal opinion that suggests that contract law explicitly protects apprentices from redundancy. That making an apprentice redundant would put the employer in breach of contract.
Is it illegal to leave an apprentice alone?
Is it legal for an apprentice to work alone? It is legal for an apprentice to work alone if it is safe to do so. Therefore, they hold a primary responsibility for the health and safety of the apprentice and are required to carry out risk assessments and manage any potential threats.
Can you sack an apprentice in NSW?
You cannot just terminate an apprentice or trainee or pull them out of an apprenticeship or training position for another job. There is a legal process that must be followed and the training contract needs to be officially cancelled.
When did NSW amend the apprenticeship and traineeship Act?
The Apprenticeship and Traineeship Amendment Act 2017 No. 42 (NSW) ( the Amending Act) commenced on 1 January 2018, amending the Apprenticeship and Traineeship Act 2001 (NSW) ( the Act ). The Amending Act has updated and simplified the New South Wales apprenticeship and traineeship system by:
Who is eligible for fee free apprenticeship in NSW?
Under the NSW Government fee-free apprenticeship initiative, NSW apprentices that commence their training on or after 1 July 2018 may be eligible for fee-free training. For more information go to vet.nsw.gov.au. For eligible apprentices there will be no requirement to pay the fee.
What are the responsibilities of an apprentice in NSW?
You are responsible for ensuring that the apprentice or trainee has access to the full range of work required to develop the skills and industry knowledge they need on the job. You also need to observe their progress and confirm that they are developing the required skills and knowledge by liaising regularly with the RTO.
What are the rights of an apprentice or trainee?
As well as these general rights, apprentices and trainees have specific rights and entitlements including: You should receive proper training. You shouldn’t be treated differently because you’re an apprentice or trainee. You should get paid for time you spend at training.