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(Cap 47, section 47) [19 July 1976] (L.N. 67 of 1976) Cap 47A reg 1 Citation PART I PRELIMINARY These regulations may be cited as the Apprenticeship Regulations. Cap 47A reg 2 Interpretation In these regulations, unless the context otherwise requires- "hours worked" (工作时数) means the time during which an apprentice is employed, exclusive of the intervals allowed for meals or rest; "overtime employment" (超时受雇) means any period during which an apprentice is at work outside the period of employment permitted under regulation 8; "period of employment" (受雇时间) means the period, inclusive of the intervals allowed for meals or rest, within which an apprentice may be employed on any day; "rest day" (休息日) means a continuous period of not less than 24 hours during which a registered apprentice is entitled to abstain from working for his employer; (L.N. 155 of 1980) "week" (星期) means the period between midnight on Saturday night and midnight on the succeeding Saturday night. Cap 47A reg 3 Minimum period of apprenticeship PART II APPRENTICESHIP IN DESIGNATED TRADES (1) Subject to paragraph (2), the period of apprenticeship required to be served by an apprentice in a designated trade shall not be less than 3 years in any case. (2) Paragraph (1) shall not apply where the Director in exercise of his powers under the Ordinance reduces the period of apprenticeship in any case or class of cases. (13 of 1982 s. 11) Cap 47A reg 4 Terms and conditions to be contained in contract of apprenticeship Every contract of apprenticeship in a designated trade shall contain all such provisions as may be necessary to bind the parties to the contract of apprenticeship and to define the rights and obligations of the parties, and shall include provisions with respect to the following- (a) that the apprentice of his own free will and with the consent of his guardian (if any) binds himself to serve his employer as an apprentice during the period of apprenticeship stated in the contract of apprenticeship; (b) that during the period of apprenticeship the employer will- (i) employ the apprentice and, to the best of his ability, skill and knowledge, teach the apprentice or cause him to be taught in such skills and operations as may be specified by the Director in relation to the designated trade in which he is apprenticed; and (ii) permit the apprentice to attend any course of instruction specified in an attendance order made by the Director;(c) the period of apprenticeship; (d) the period of probation to be served by the apprentice; (e) the wages to be paid to the apprentice, and the frequency and manner of payment of wages; (f) the normal hours of attendance by the apprentice at his place of employment; (g) the payment of sickness allowance or the entitlement to sick leave during any illness of the apprentice; (h) the entitlement of the apprentice to leave and holidays with pay; (i) any other terms and conditions under which the apprentice is employed; and (j) the grounds on which the apprentice may be suspended from employment or the contract of apprenticeship may be terminated. (13 of 1982 s. 11) Cap 47A reg 5 Period of probation (1) Every apprentice in a designated trade shall serve a period of probation of not less than 3 months or more than 6 months commencing from the date on which his employment under the contract of apprenticeship begins. (2) During the period of probation either the employer or the apprentice may terminate the contract of apprenticeship by giving to the other party 7 days' notice, orally or in writing, of his intention to do so. (3) Where any party terminates a contract of apprenticeship during a period of probation without notice as required by paragraph (2), the party terminating the contract shall pay to the other party a sum equal to the amount of wages which would have accrued to the apprentice during the period of notice. Cap 47A reg 6 Probationary period to be part of apprenticeship A period of probation served by an apprentice shall be counted as part of the period of apprenticeship under his contract of apprenticeship. Cap 47A reg 7 Medical examination of apprentices (1) Every apprentice who enters into a contract of apprenticeship in a designated trade shall be medically examined as to his fitness to be employed in the designated trade. (2) The medical examination of the apprentice shall be arranged by the employer and shall take place prior to the registration of the contract of apprenticeship. (3) The cost of the medical examination shall be borne by the employer. Cap 47A reg 8 Hours of work and periods of employment of apprentices PART III HOURS OF EMPLOYMENT AND OVERTIME (1) Subject to this Part, every employer shall comply with the following provisions in relation to registered apprentices under his employment- (a) the total hours worked by a registered apprentice shall not exceed 8 hours in any day or 48 hours in any week; (b) the total period of employment of a registered apprentice on any day shall not exceed 9 hours and such period shall, subject to paragraph (2), not begin earlier than 7 a.m. or end later than 7 p.m.; (L.N. 155 of 1980) |