Chapter III

Apprenticeship

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) Before making rules under subsection (1) of this section An Chomhairle shall consult with the appropriate industrial training committee (if any).

(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.

28. —An Chomhairle may by regulations under this section declare that every person employed in a particular manner in a designated industrial activity by a particular employer shall be deemed to be an apprentice for the purposes of this Act.

29. —(1) Before making rules under section 27 of this Act, An Chomhairle shall publish notice in at least two daily newspapers published in the State stating that it is intended to make such rules, the nature of the proposed rules, that copies thereof shall be made available, on request, to interested persons and the time, manner and place in which objections and representations in relation to the proposed rules may be made.

(2) An Chomhairle shall, before making rules under the said section 27, consider any objections or representations received, in accordance with a notice under subsection (1) of this section, in relation to the proposed rules.

30. —An Chomhairle shall, as soon as may be after making rules under section 27 of this Act, publish a notice in Iris Oifigiúil and in at least two daily newspapers published in the State stating that such rules have been made and the place where copies of the rules may be purchased at a price (which shall be of such reasonable amount as An Chomhairle determines) specified in the notice.

31. —(1) A person who carries on—

(a) a designated industrial activity, or

(b) a trade which stands specified for the time being in an order under section 21 of the Act of 1959,

shall not take into his employment by way of apprenticeship in the activity or the trade any person save with the consent of An Chomhairle.

(2) Where rules under paragraph (a) or (b) of subsection (1) of section 27 of this Act are for the time being in force, An Chomhairle shall not give its consent under subsection (1) of this section unless it is satisfied that the requirements of the rules have, as respects the relevant employment, been complied with.

32. —(1) An Chomhairle may, with the consent of the Minister for Education, make arrangements for the provision by a vocational education committee of courses of instruction in the nature of technical education of a type which An Chomhairle and the vocational education committee agree is suitable for persons employed by way of apprenticeship in a designated industrial activity.

(2) Where a course of instruction is provided by a vocational education committee either under subsection (1) of this section for persons employed by way of apprenticeship in a designated industrial activity, or under section 39 of the Act of 1959 for persons so employed in a trade which stands specified for the time being in an order under section 21 of that Act, An Chomhairle may—

(a) by notice in writing served on a person so employed in the activity or trade require him to attend either the whole of the course or any part thereof specified in the notice, and

(b) by notice in writing served on the employer of a person upon whom a notice under paragraph (a) of this subsection has been served require the employer to afford to the person time and liberty to attend either the whole of the course or any part thereof specified in the notice and to sit for any examination held in relation to the course without any deduction from wages or any addition to the hours of employment or reckoning such time as lost.

(3) Where a person upon whom a notice under paragraph (a) of subsection (2) of this section has been served is allowed time and liberty to attend an instruction which is part of a course mentioned in subsection (2) of this section and fails to attend, then, notwithstanding anything contained in his contract with his employer, he shall not be entitled to receive the amount of any pay (being pay which he would otherwise be entitled to receive) which is apportionable to the period of his absence from his employment unless he satisfies his employer that his failure to attend the instruction was due to sickness or other unavoidable cause.

33. —(1) An Chomhairle shall keep, in such form as the Minister shall from time to time direct, a register of the persons employed as apprentices and shall enter therein such particulars as An Chomhairle may consider appropriate.

(2) An Chomhairle shall, upon request, permit the register kept by it under this section to be inspected during office hours by any interested person.

34. —(1) Where a person who carries on a designated industrial activity takes a person into his employment as an apprentice in the activity, he shall, within two weeks thereafter, send to An Chomhairle such particulars in relation to the person as may be prescribed or as An Chomhairle may, by notice in writing served on him, specify.

(2) Where a person who carries on a designated industrial activity ceases to employ a person as an apprentice in the activity, he shall, within two weeks thereafter, send to An Chomhairle such particulars in relation to the person as may be prescribed or as An Chomhairle may, by notice in writing served on him, specify.

35. —Where any rules made by An Chomhairle under section 27 or paragraph (d) of subsection (1) of section 49 of this Act or rules mentioned in paragraph (b) of the said subsection (1) are for the time being in force, a person shall not do any act or thing for the purpose either of preventing or obstructing an employer carrying on the relevant activity of industry from complying with the rules.

36. —(1) Where persons employed as apprentices are, on account of a trade dispute or for any other reason, for the time being not engaged in their employment, An Chomhairle may make such arrangements for safeguarding the continued training and instruction of the persons as it thinks proper.

(2) In this section “trade dispute” means any dispute or difference between employers and workers or between workers and workers connected with the employment or non-employment, or the terms of the employment, or with the conditions of employment, of any person.