Hong Kong Ordinances

APPRENTICESHIP ORDINANCE - SECT 15

Compulsory registration of new contracts of apprenticeship

PART V

REGISTRATION OF CONTRACTS OF APPRENTICESHIP

(1) Every contract of apprenticeship entered into in compliance with
section 6(1)(a) shall be sent by the employer to the Director within 14 days
after it is executed (or such further time as the Director may permit) for
registration under this Ordinance and the Director shall, subject to
subsection (2), register all such contracts.

(2) The Director may refuse to register a contract of  apprenticeship sent
under subsection (1) if he is satisfied that-

   (a)  the apprentice has not attained or will not attain the age of 14 years
        at the date of commencement of his employment as an apprentice;

   (b)  the apprentice is disqualified under section 31 from entering into the
        contract of apprenticeship;

   (c)  the contract does not provide for adequate training in a
        designated trade;

   (d)  the apprentice is not certified medically fit to undertake the
        employment contemplated by the contract;

   (e)  the apprentice has not attained the minimum educational standard
        prescribed as a prerequisite to employment as an apprentice in the
        designated trade in which he is to serve his apprenticeship;

   (f)  the employer does not employ sufficient persons who are sufficiently
        skilled in the designated trade concerned and able to give adequate
        instruction to enable the apprentice to learn and attain a reasonable
        standard of proficiency in the skills and operations specified by the
        Director in relation to that trade;

   (g)  the employer does not have sufficient machinery, equipment and
        materials to enable the apprentice to learn the skills and operations
        specified by the Director in relation to the designated trade
        concerned during the normal hours of employment laid down by the
        employer for his employees;

   (h)  subject to section 23, the period of apprenticeship required to be
        served by the apprentice differs from that specified for the
        designated  trade in which he is apprenticed;

   (i)  the apprentice is subject to any obligations under any other
        contract of apprenticeship;

   (j)  the contract has not been read over and explained to, and is not
        clearly understood by, the apprentice and his guardian (if any);

   (k)  the apprentice and his guardian (if any) have not freely assented to
        the contract;

   (l)  the contract contravenes this Ordinance;

   (m)  the terms and conditions of the contract as a whole are not for the
        benefit of the apprentice.

(3) Where the Director refuses to register a contract of  apprenticeship under
subsection (2) he shall forthwith notify the parties to the contract in
writing of his refusal and the grounds for refusal and the contract shall
cease to be valid with effect from the date specified in such notice. (Amended
13 of 1982 s. 11)