Industrial Training Act 1967

Apprentices.

27

27. (1) Where An Chomhairle makes an industrial training order, An Chomhairle may, in relation to the employment in the relevant designated industrial activity of apprentices of a particular class, make all or any one or more of the following:

( a) rules specifying the minimum age at which a person may commence to be so employed;

( b) rules in relation to the educational or other qualifications as to suitability to be possessed by persons entering the said employment as such apprentices;

( c) rules in relation to the circumstances under which such an apprentice may be dismissed or suspended from employment;

( d) rules in relation to the period of training (including any probationary period) to be undergone by a person employed in the activity as such an apprentice;

( e) rules requiring employers in the activity to ensure the training and instruction in a specified manner of persons whom they employ in the activity as such apprentices;

( f) rules prohibiting persons carrying on such activity from taking any premium, fee or other consideration in respect of the employment by them in the activity of any person as such an apprentice;

( g) rules specifying the form of the contract to be used when a person is taken into employment in the activity as such an apprentice;

( h) rules requiring persons employed in the activity as such apprentices to keep records, in such form as shall be indicated in the rules, in relation to their employment.

(2) F16 [ ]

(3) Before making rules under paragraph ( b) of subsection (1) of this section An Chomhairle shall consult with the Minister for Education.

(4) Rules under this section may require an employer who employs an apprentice of a class specified in the rules in an employment to which the rules relate to post and keep posted, in accordance with section 44 of this Act, printed copies of the rules or printed abstracts thereof approved by An Chomhairle.

(5) Where rules under paragraph ( a), ( b), ( c), ( d) or ( g) of subsection (1) of this section are for the time being in force the following provisions shall have effect:

( a) in the case of rules under the said paragraph ( a)—a person shall not take into his employment as an apprentice of a class specified in the rules in an employment to which the rules relate a person unless that person has reached the age specified in the rules;

( b) in the case of rules under the said paragraph ( b)—a person shall not take into his employment as an apprentice of a class specified in the rules in an employment to which the rules relate a person unless that person possesses the qualifications specified in the rules;

( c) in the case of rules under the said paragraph ( c)—a person shall neither dismiss nor suspend a person employed by him as an apprentice of a class specified in the rules in an employment to which the rules relate save in accordance with the rules;

( d) in the case of rules made under the said paragraph ( d)—a person who is employed as an apprentice of a class specified in the rules in an employment to which the rules relate shall, notwithstanding any agreement to the contrary, be deemed to be employed under an agreement signed by the person and his employer whereby the employer agrees to employ the person, and the person agrees to serve the employer, for the period of training specified in the rules, but An Chomhairle may, if it so thinks fit, release both parties from their respective obligations under the agreement implied by this paragraph or modify such agreement or, with the consent of—

(i) in case the person has attained the age of eighteen years—the person, and

(ii) in case the person has not attained the age of eighteen years—the parent (if any) of the person,

transfer the benefits and obligations of the employer under such agreement to another employer engaged in the relevant designated industrial activity;

( e) in the case of rules under the said paragraph ( g)—a person shall not take into his employment as an apprentice of a class specified in the rules in an employment to which the rules relate a person unless the contract is in the form specified in the rules.

(6) In subsection (5) of this section “parent”, in relation to a person employed as an apprentice of a class specified in rules under paragraph ( d) of subsection (1) of this section in an employment to which the rules relate and who has not attained the age of eighteen years, means the individual having the legal custody of the person and where, owing to the absence of that individual or for any other reason, the person is not living with or in the actual custody of that individual, includes the individual with whom the person is living or in whose actual custody the person is.

Annotations:

Amendments:

F16

Repealed (21.12.2000) by National Training Fund Act 2000 (41/2000), s. 9 and sch., S.I. No. 494 of 2000.

Modifications (not altering text):

C10

Functions under subs. (3) transferred to Minister for Enterprise, Trade and Employment (1.05.2010) by Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 187 of 2010), art. 3(3).

(3) The functions of the Minister for Education and Science under sections 27(3) and 32(1) of the Industrial Training Act 1967 and paragraph 2(2) (inserted by section 9 of the Labour Services (Amendment) Act 2009 ) of Part I of the Schedule to the Labour Services Act 1987 are transferred to the Minister for Enterprise, Trade and Employment.

Editorial Notes:

E270

Power pursuant to subs. (1) exercised (1.05.1997) by Labour Services Act 1987 — Apprenticeship Rules 1997 (S.I. No. 168 of 1997).

E271

Previous affecting provision: power pursuant to subs. (1) exercised (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995); revoked (1.05.1997) by Labour Services Act 1987—Apprenticeship Rules 1997 (S.I. No. 168 of 1997), rule 1(3).

E272

Previous affecting provision: power pursuant to section exercised (1.09.1994) by Labour Services Act 1987—Apprenticeship Rules 1994 (S.I. No. 228 of 1994); revoked (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).

E273

Previous affecting provision: power pursuant to subs. (1) exercised (1.09.1993) by Labour Services Act 1987—Apprenticeship Rules 1993 (S.I. No. 236 of 1993); revoked (1.08.1995) by Labour Services Act 1987—Apprenticeship Rules 1995 (S.I. No. 198 of 1995), rule 1(3).