Deduction Granted 

Reason for Deduction 

Signature of Controller of Apprenticeship

TRANSFER OF CONTRACT

WHEREAS it is agreed, with the consent of the Controller to transfer the rights and obligations of the Employer under this contract to ................................................................ whose registered office is at ............................................................................and who has a place of business at

.................................................................................. (hereinafter called “the Transferee");

NOW this Agreement witnesseth as follows:

1. The Employer hereby transfers and assigns the within contract of apprenticeship and all his interest therein and the benefit of all covenants therein to the Transferee for all the residue now unexpired of the within stated period of apprenticeship.

2. The Transferee covenants with the Employer, the Guardian and the Apprentice and each of them severally as follows:

      (a)   to take the Apprentice as his apprentice for the now unexpired residue of the within stated period of apprenticeship unless the said apprenticeship shall be sooner lawfully determined or reduced;

      (b)   that he will observe and perform all the covenants in the within contract of apprenticeship contained on the part of the Employer to be observed and performed in like manner as if he the Transferee were therein named instead of the Employer and will keep the Employer indemnified accordingly.

3. The Guardian and the Apprentice severally covenant with the said Transferee as follows:

      (a)   that the Apprentice will serve the Transferee as his apprentice in the within stated trade or occupation for the now unexpired residue of the within stated period of apprenticeship unless the said apprenticeship shall be sooner lawfully determined or reduced;

      (b)   that they and each of them will observe and perform all the covenants in the within contract of apprenticeship contained and on their part to be observed in all respects as if the Transferee were therein named instead of the Employer.

IN WITNESS WHEREOF the parties hereto have hereunder set their hands this ................................................day of ..........................................................., 20......

AS WITNESSES:               Signed by ................................................ for and on behalf of the Employer

1. ............................................

2. ............................................

...................................................................

Employer

1. ............................................

2. ............................................

.........................................................................

Signed by the said Guardian

1. ............................................

2. ............................................

...................................................................

Signed by the said Apprentice

1. ............................................

2. ............................................

...................................................................

Signed by the said Transferee

TRANSFER registered at the Office of the Controller of Apprenticeship this ......................................... day of ................................................., 20........

...................................................................

Controller of Apprenticeship

RESCISSION OF CONTRACT

This contract was, in terms of section 17 (1) of the Apprenticeship Act, rescinded as from the...............................................day of........................................................20.........

..................................................................

Controller of Apprenticeship

COMPLETION OF CONTRACT

This is to certify that the apprentice named in the Indenture has satisfactorily completed an apprenticeship of ..................... years .................... months ....................days to the trade of................................................. .......in accordance with the Apprenticeship Act.

Dated this...........................................day of..............................................20.........

...................................................................

Controller of Apprenticeship

APPRENTICESHIP REGULATIONS

[Section 23]

Arrangement of Regulations

   Regulation

PART I
PRELIMINARY

   1.   Title

   2.   Interpretation

PART II
CONTRACTS OF APPRENTICESHIPS

   3.   Regulations are binding on parties to contract

   4.   Form of contract

   5.   Registration of contracts

   6.   Refusal to register contracts and appeals

   7.   Registration of transfer of contracts

   8.   Discharge by agreement or death

   9.   Discharge by default

   10.   Discharge by performance

   11.   Loan of apprentices

PART III
QUALIFICATIONS FOR APPRENTICESHIP

   12.   Persons who may become apprentices

   13.   Evidence of age and educational standard

PART IV
RECORDS AND RETURNS

   14.   Records by employers

   15.   Returns by employers

PART V
PERIOD OF APPRENTICESHIP AND WAGES

   16.   Length of apprenticeship period

   17.   Yearly progression

   18.   Reductions in the period of apprenticeship

   19.   Wages after reduction in period

   20.   Change of trade

   21.   Wages

PART VI
PRACTICAL TRAINING AND EFFICIENCY TESTS

   22.   Practical training

   23.   Reduction in the period of apprenticeship after practical training

   24.   Assessment of practical skill

PART VII
CLASSES AND CORRESPONDENCE COURSES

   25.   Courses and classes

   26.   Compulsory correspondence courses

   27.   Refund of fees

   28.   Excuses for non-attendance

   29.   Wages while attending classes

PART VIII
HOURS, OVERTIME AND HOLIDAYS

   30.   Maximum hours of work

   31.   Night work

   32.   Overtime

   33.   Payment for overtime

   34.   Holidays

   35.   Leave

   36.   Wages while on leave

   37.   Sick leave

PART IX
OFFENCES AND PENALTIES

   38.   Offences and penalties

      SCHEDULE

[Regulations by the Minister]

Act 13 of 1994,

SI 288 of 1965.

PART I
PRELIMINARY

1. Title

These Regulations may be cited as the Apprenticeship Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

"block release course"  means a course of instruction whereby an apprentice is absent from his normal place of work to undertake a full-time course of one week or more;

"contract"  means any contract of apprenticeship;

"day release course"  means a course of instruction whereby an apprentice is absent from his normal place of work to undertake a course of one day’s duration or less;

"employer"  means any person who employs any apprentice or who employs or provides work for any minor in any designated trade;

"evening class"  means a technical educational class which is held after the hour of five o’clock in the evening;

"holidays"  means Christmas Day and Good Friday and such other days as by custom or agreement are observed as holidays in the industry in which the apprentice concerned is employed;

"wages"  means basic wages, but does not include cost of living allowance, climatic allowance, or other payment additional to basic wages.

PART II
CONTRACTS OF APPRENTICESHIPS

3. Regulations are binding on parties to contract

Every contract made after the *commencement of these Regulations shall be deemed to include an agreement by the parties thereto that each of them shall comply with the provisions of these Regulations.

4. Form of contract

   (1) There shall be three copies of every contract and each copy shall be signed by or on behalf of the employer and by the apprentice, and, in case of a minor, by his guardian.

   (2) No contract shall be executed unless prior to the execution thereof an apprentice or his guardian has delivered to an employer the documents in respect of the apprentice’s age and educational standard in accordance with sub-regulation (1) of regulation 13.

5. Registration of contracts

   (1) Every employer shall, within one month of the execution of any contract, transmit to the Controller all three copies of the contract together with any documents delivered to him in accordance with sub-regulation (1) of regulation 13.

   (2) The Controller shall register any contract transmitted to him under sub-regulation (1) if he is satisfied that the contract has been executed in accordance with these Regulations, and shall endorse on each copy of the contract a certificate under his hand that the contract has been registered.

   (3) The Controller shall transmit one copy of the contract registered under sub-regulation (2), together with any other documents referred to in sub-regulation (1), to the apprentice and one copy thereof to the employer and the Controller shall retain in his possession one copy of the contract.

6. Refusal to register contracts and appeals

   (1) The Controller may refuse to register any contract if the provisions of the Act and of these Regulations are not satisfied.

   (2) The Controller shall inform the parties to a contract of his refusal to register any contract and shall transmit to each of them a statement of the grounds for refusal and shall inform the parties of their rights of appeal.

   (3) Any person who is not satisfied with the refusal to register any contract by the Controller may appeal to the Minister within one month of the date on which the decision of the Controller is communicated to him.

7. Registration of transfer of contracts

The provisions of regulation 5 shall apply mutatis mutandis to any transfer of the rights and obligations of any employer under any contract to any other employer.

8. Discharge by agreement or death

   (1) Where any contract is rescinded by mutual agreement of the parties thereto, each party shall, by a letter to the Controller, indicate his agreement to the rescission and at the same time send his copy of the contract to the Controller who shall endorse upon every copy of the contract the fact that the contract has been rescinded.

   (2) Every employer shall notify the Controller of the death of an apprentice within a period of one month from the date of such death.

   (3) Every apprentice shall notify the Controller of the death of his employer or, if such employer be a partnership or company, of the dissolution or winding-up of the same, within a period of one month from the date of such death, dissolution or winding-up, as the case may be.

9. Discharge by default

   (1) Where, in the opinion of the Controller, an employer has an insufficient number of journeymen or instructors to train his apprentice in any aspect of his trade, he may order—

      (a)   that the contract be rescinded and demand from the employer and apprentice their respective copies of the contract and endorse thereupon the fact of such rescission; or

      (b)   that the apprentice be transferred to such other employer as may be arranged.

   (2) Before taking action the Controller shall give notice in writing of his intention to act under sub-regulation (1) to an employer and to an apprentice not less than 30 days before such action is taken.

   (3) Any employer or apprentice to whom notice is given in accordance with sub-regulation (2) may appeal to the Minister within 30 days of the date on which the notice is transmitted to him.

   (4) If any employer or apprentice to whom notice is given under sub-regulation (2) intimates in writing to the Controller his intention to appeal to the Minister, such intimation shall operate to stay the execution of the intention by the Controller until the appeal is heard by the Minister.

   (5) The decision of the Minister on hearing an appeal under sub-regulation (4) shall be final and binding on all parties.

10. Discharge by performance

   (1) Where a contract is discharged by performance of all obligations thereunder, each party to the contract shall forward the copy of the contract in his possession to the Controller.

   (2) If the Controller is satisfied that the parties have fulfilled their obligations under the contract and have complied with the provisions of the Act and of these Regulations, he shall endorse on each copy of the contract a certificate in the form set out in the Schedule.

11. Loan of apprentices

   (1) The lending of the services of any apprentice by one employer to another employer shall not be permitted unless the apprentice has given his consent, or, in case of a minor, that of his guardian has been given and prior permission for such loan is granted by the Controller.

   (2) Where, in the opinion of the Controller, an employer is unable to train an apprentice in any particular aspect of his trade, the Controller may, subject to the consent by the apprentice or, in case of a minor, by his guardian, direct such employer to lend the services of his apprentice—

      (a)   to another employer who is able and willing to provide the necessary training for such period of time as the Controller may direct; or

      (b)   to any establishment or institution where that particular aspect of the apprentice’s training may be given.

   (3) The loan of services of any apprentice by one employer to another employer, establishment or institution under sub-regulation (1) or (2) shall in no way release the lending employer from his obligations under the contract.

PART III
QUALIFICATIONS FOR APPRENTICESHIP

12. Persons who may become apprentices

   (1) Notwithstanding anything contained in these Regulations, no contract shall be valid unless prior to its execution an apprentice has attained the age of 15 years and has attained the required educational standard prescribed by the Minister or has satisfied the Controller that he has attained an educational standard equal to or higher than the standard required for the particular trade.

   (2) The Controller may, in deciding whether or not an apprentice has attained the required educational standard, obtain and may have regard to, but shall not be bound by, the opinion of the Permanent Secretary, Ministry of Education.

13. Evidence of age and educational standard

   (1) Prior to the execution of any contract an apprentice shall deliver to his employer evidence of his age and educational standard in such form as the Controller may require.

   (2) The Controller shall not register any contract unless he is satisfied—

      (a)   that an apprentice has attained the age of 15 years; and

      (b)   that an apprentice has attained the educational standard required; and

      (c)   that the provisions of regulation 4 have been complied with.

PART IV
RECORDS AND RETURNS

14. Records by employers

Every employer shall keep in a clear form a full and correct record of the following particulars in respect of every apprentice in his employment:

      (a)   full name;

      (b)   name and address of the parent or guardian;

      (c)   the work performed by him during each period of three months together with a report upon the manner in which he has performed such work during each period of three months by the foreman or, with the approval of an inspector, by any other responsible person under whose supervision such work has been performed;

      (d)   particulars of all wages paid to him;

      (e)   particulars of all overtime worked by him;

      (f)   particulars of all times during which he is absent from his work, whether such absence is due to leave, sickness or otherwise.

15. Returns by employers

The Controller may at any time direct an employer to submit a return to the Controller regarding any matter relating to apprenticeship in respect of any apprentice who is or at any time has been in his employment, and every employer shall comply with such direction unless there are reasonable grounds for not doing so.

PART V
PERIOD OF APPRENTICESHIP AND WAGES

16. Length of apprenticeship period

The period of apprenticeship required for any designated trade shall be prescribed by the Minister.

17. Yearly progression

An apprentice shall be presumed to have completed any year of his apprenticeship and shall, if he has not completed his apprenticeship, be permitted to commence the next year of his period of apprenticeship unless—

      (a)   an inspector reports to the Controller that the apprentice has not made reasonable progress towards acquiring a proper degree of skill and ability in the trade to which he is bound in accordance with the provisions of sub-regulation (5) of regulation 24; or

      (b)   the principal or head of the college, school or other institution where a course of instruction is conducted reports to the Controller that the apprentice has failed to show reasonable diligence and progress in the course of instruction he is attending or in the correspondence course which he is taking in accordance with sub-regulation (6) of regulation 25.

18. Reductions in the period of apprenticeship

   (1) The Controller may make a reduction in any period of apprenticeship and such reduction may be for any period or part of any period—

      (a)   during which an apprentice has served in another country as an apprentice in the same trade as that to which he is bound in Zambia; or

      (b)   during which an apprentice has attended a course of instruction at a technical college or other technical institution prior to his indenture under the Act and these Regulations:

Provided that no reduction in the period of apprenticeship shall be granted in excess of one-half of the time spent at such technical college or other technical institution.

   (2) No reduction in a period of apprenticeship shall be made under sub-regulation (1) unless—

      (a)   the Controller is satisfied that, having regard to the probability of an apprentice acquiring a proper degree of skill and ability in the trade to which he is bound, the experience he has gained during the period referred to in sub-regulation (1) is not of less value than that which he would have gained had he been employed or trained as an apprentice in Zambia for the same period; and

      (b)   the period referred to in sub-regulation (1) has terminated not more than one year immediately prior to the date on which the apprentice enters into a contract under the Act.

   (3) The Controller may reduce any period of apprenticeship in respect of any apprentice who has had previous relevant experience and such reduction may be for such period as the Controller may think fit:

Provided that the Controller shall not make any reduction unless he is satisfied that such reduction shall in no way prejudice the acquiring by the apprentice of a proper degree of skill and ability in the trade to which he is bound.

19. Wages after reduction in period

   (1) For the purpose of calculating the rate at which wages are payable to an apprentice, any reduction in the period of apprenticeship made under paragraph (a) of sub-regulation (1) of regulation 18 shall be deemed to be part of the period of apprenticeship of the apprentice and to have expired on the day preceding the date of the commencement of the contract.

   (2) For the purpose of calculating the rate at which wages are payable to an apprentice as a result of a reduction granted under paragraph (b) of sub-regulation (1) of regulation 18 or under sub-regulation (3) of regulation 18, any reduction from the period of apprenticeship shall be deemed to be that part of the apprenticeship period immediately following the date on which the reduction is made.

20. Change of trade

   (1) The parties to any contract may at any time, with the approval of the Controller, alter or modify the contract by written agreement for the purpose of enabling an apprentice to change the trade to which he is bound to some other designated trade, and such agreement shall,

within one month of its execution, be transmitted by the employer with the apprentice’s and the employer’s copies of the contract to the Controller for endorsement.

   (2) On receipt of the copies of the contract and the agreement mentioned in sub-regulation (1), the Controller shall endorse the fact of agreement on all copies of the contract and shall return one copy each to the employer and the apprentice.

   (3) Where, in the opinion of an inspector after consultation with an employer, an apprentice who completes his first year of apprenticeship is not making sufficient progress towards acquiring a proper degree of skill and ability in trade to which he is bound the inspector may, with the approval of the Controller, and with the consent of the apprentice, or, in case of a minor, that of his guardian, arrange for the apprentice to change his trade whereupon the provisions of sub-regulations (1) and (2) shall apply mutatis mutandis.

   (4) Where an apprentice changes his trade in accordance with sub-regulation (3), an inspector shall assess the apprentice’s level of skill and ability in his new trade and shall report to the Controller and the Controller may grant any reduction for previous experience in accordance with sub-regulation (3) of regulation 18.

   (5) When an agreement has been made in terms of sub-regulation (1) the apprentice shall, for the purposes of these Regulations, be deemed to have served as an apprentice in the trade mentioned in such agreement since the commencement of his apprenticeship.

21. Wages

Subject to the provisions contained in regulations 33 and 34, the wages which every employer shall pay his apprentice under any contract shall be at not less than the following rates: