EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.5.16 Suspension or cancellation of a training contract if insufficient employment available
EDUCATION AND TRAINING REFORM ACT 2006 - SECT 5.5.16
Suspension or cancellation of a training contract if insufficient employment available(1) If an employer is temporarily unable to provide sufficient work to keep an apprentice fully employed under a training contract during any working week or month, the employer may—
(a) reduce the time of employment of the apprentice in the week or month; and
(b) reduce the wages of the apprentice in proportion to the reduction of the time of his or her employment in the week or month.
S. 5.5.16(2) amended by No. 39/2012 s. 14.
(2) If an employer cannot provide sufficient employment for an apprentice employed by the employer under a training contract because of lack of business or financial difficulties the Authority may, on the application of the employer—
S. 5.5.16(2)(a) amended by No. 39/2012 s. 14.
(a) order the suspension of the training contract for any period that the Authority thinks fit; or
(b) order the cancellation of the training contract.
S. 5.5.16(3) amended by No. 39/2012 s. 14.
(3) The Authority must not make an order unless it is satisfied after due inquiry that the circumstances warrant the making of an order.
(4) Nothing in this section limits the powers of the employer to stand down an apprentice under a provision of the apprentice's training contract for the standing-down of apprentices who cannot usefully be employed because of any strike, breakdown of machinery or any stoppage of work for any cause for which the employer cannot reasonably be held responsible or the deduction of payment for any part of a day during which the apprentice is stood down.
S. 5.5.17 (Heading) amended by No. 39/2012 s. 15(1).