Apprenticeship Act , 1931

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

the word “trade” includes any industry, occupation, or business, and also includes any distinct branch of a trade;

the expression “trade-board” means a trade-board established under the Trade Boards Acts, 1909 and 1918;

the expression “trade-board trade” means a trade in respect of which a trade-board is for the time being in existence;

the expression “non-trade-board trade” means a trade which is not a trade-board trade;

the expression “district trade committee” means a district trade committee established by a trade-board under the Trade Boards Acts, 1909 and 1918;

the expression “designated trade” means a trade which is for the time being declared under this Act to be a designated trade for the purposes of this Act, references to the carrying on of a designated trade shall, in the case of a trade which is a designated trade in part only of Saorstát Eireann, be construed as referring only to the carrying on of such trade in that part of Saorstát Eireann;

the expression “authorised officer” includes any person authorised in writing (either generally or for a special purpose) by the Minister to exercise all or any of the powers and perform all or any of the duties conferred or imposed on an authorised officer under this Act;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

2 Designated trades.

2.—(1) Subject to the provisions of this section, the Minister may by order (in this Act referred to as a special order) do any of the following things, that is to say:—

(a) declare any particular trade to be a designated trade for the purposes of this Act either throughout Saor-stát Eireann or in any specified part of Saorstát Eireann; or

(b) revoke or amend any order previously made by him under this sub-section.

(2) Every special order shall be made under and in accordance with the rules contained in the Schedule to this Act and those rules shall regulate the procedure to be followed in making such orders.

(3) Every special order shall be published in the Iris Oifigiúil and also in such other manner as the Minister shall consider to be the best adapted for bringing such special order to the notice of persons affected thereby.

(4) Every special order shall come into operation on such date, subsequent to the publication of such order in the Iris Oifigiúil as is specified in that behalf in such order or, where no such date is so specified, on the date of such publication.

(5) Every special order shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty one days on which such House has sat after such order is laid before it annulling such order, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

3 Apprenticeship districts and apprenticeship committees.

3.—(1) Whenever the Minister makes a special order declaring a trade to be a designated trade in any area (whether such area does or does not extend to the whole of Saorstát Eireann) the following provisions shall have effect, that is to say:—

(a) the Minister shall by another order forthwith either constitute such area to be an apprenticeship district for the purposes of such designated trade or divide such area into two or more apprenticeship districts for the purposes of such designated trade;

(b) there shall be established and maintained in every such apprenticeship district an apprenticeship committee for such designated trade to perform in such district and in relation to such trade the functions assigned by this Act to apprenticeship committees.

(2) Before making an order under this section constituting an area to be an apprenticeship district or dividing an area into two or more apprenticeship districts for the purposes of a designated trade which is a trade-board trade, the Minister shall consult the trade-board for such trade.

(3) References in this Act to the district of an apprenticeship committee shall be construed as referring to the apprenticeship district in which such committee is established by this section.

4 Constitution of apprenticeship committees.

4.—(1) The following provisions shall have effect in relation to every apprenticeship committee which is established by this Act for a designated trade which is a non-trade-board trade, that is to say:—

(a) such committee shall consist of—

(i) members (in this Act referred to as representative members) representing in equal proportions employers and employees engaged in such trade in such district, and

(ii) unless it is otherwise prescribed, members (in this Act referred to as appointed members) appointed by the Minister;

(b) the number of representative members shall be such even number as shall be prescribed and the number of appointed members (if any) shall be such number, not exceeding three, as shall be prescribed;

(c) the time and method of selection of representative members shall be such as shall be prescribed;

(d) the members of such committee shall hold office for such term as may be prescribed.

(2) Save as is otherwise provided by this section, the following provisions shall have effect in relation to every apprenticeship committee established by this Act for a designated trade which is a trade-board trade, that is to say:—

(a) such committee shall consist of—

(i) ex-officio members, and

(ii) unless it is otherwise prescribed, members (in this Act referred to as appointed members) appointed by the Minister;

(b) the ex-officio members of such committee shall—

(i) where such district is co-terminous with Saorstát Eireann, be the persons who for the time being are the representative members within the meaning of the Trade Boards Act, 1909, of the trade-board for such trade, and

(ii) where such district is part only of Saorstát Eireann and is co-terminous with the functional area of the district trade committee (if any) of the trade-board for such trade, be the persons (other than a person or persons appointed by the Minister under the Trade Boards Act, 1909, to be a member or members of such trade-board) who for the time being are the members of such district trade committee;

(c) the number of appointed members (if any) shall be such number, not exceeding three, as shall be prescribed;

(d) the appointed members (if any) shall hold office for such term as may be prescribed.

(3) Where the apprenticeship district of an apprenticeship committee for a trade-board trade is part only of Saorstát Eireann and there is for the time being no district trade committee for such trade whose functional area is co-terminous with such district, the apprenticeship committee for such district shall be constituted under this section in all respects as if such trade were a non-trade-board trade and shall continue to be so constituted unless and until such a district trade committee is established.

(4) The Minister may by regulations make provision for any matter or thing relating to the constitution of apprenticeship committees or of any class of such committees which is not provided for by this section, and may by such regulations make different such provision in respect of different classes of such committees.

5 Chairman and secretary of apprenticeship committees.

5.—(1) The chairman of every apprenticeship committee shall be such member of such committee as the Minister may appoint and shall hold office during the pleasure of the Minister.

(2) The secretary of every apprenticeship committee shall be appointed by the Minister, and every such secretary shall hold office on such terms and on such conditions and shall receive such remuneration and allowances as the Minister, with the sanction of the Minister for Finance, shall appoint.

6 Procedure at meetings of apprenticeship committees.

6.—(1) The quorum for a meeting of an apprenticeship committee shall be one-third of the whole number of (as the case may be) the representative members or the ex-officio members of such committee and, if such committee includes any appointed members, one appointed member of such committee.

(2) At a meeting of an apprenticeship committee—

(a) the chairman of such committee shall, if he is present, be chairman of the meeting;

(b) if the chairman of such committee is not present, or the office of chairman is vacant, the members of the committee who are present shall choose one of their number to be chairman of the meeting.

(3) The proceedings of an apprenticeship committee shall not be invalidated by any vacancy in the membership of such committee or by any defect in the appointment, election or nomination of any member thereof.

(4) Subject to the provisions of this Act, the Minister may by regulations made by him under this Act prescribe the procedure to be observed at meetings of apprenticeship committees.

7 Reports and returns by apprenticeship committee.

7.—Every apprenticeship committee shall make to the Minister such reports and returns and furnish to the Minister such information as he may from time to time require.

8 Rules by apprenticeship committees.

8.—(1) Every apprenticeship committee shall make the following rules, that is to say:—

(a) rules (in this Act referred to as apprenticeship classification rules) declaring that employment in the designated trade for which such committee is established of any specified class of persons in any specified manner shall constitute employment by way of apprenticeship in such trade;

(b) rules (in this Act referred to as rules regulating the period of apprenticeship) in relation to the period (including any probationary period) of employment by way of apprenticeship in such trade in the district of such committee;

(c) rules (in this Act referred to as rules regulating the minimum rates of wages) in relation to the minimum rates of wages (other than wages for overtime) to be paid to persons employed by way of apprenticeship in such trade in such district;

(d) rules (in this Act referred to as rules regulating the maximum hours of work) in relation to the maximum number of hours (exclusive of overtime) which may be worked in any week by persons employed by way of apprenticeship in such trade in such district, but not so as to increase the maximum number of such hours appointed by or under any other enactment.

(2) Every apprenticeship committee may make all or any of the following rules, that is to say:—

(a) rules (in this Act referred to as rules regulating the educational qualifications of apprentices) in relation to the educational qualifications of persons entering on employment by way of apprenticeship in the designated trade for which such committee is established with persons carrying on such trade in the district of such committee;

(b) rules (in this Act referred to as rules regulating the age of entry on apprenticeship) in relation to the age limits within which employment by way of apprenticeship may commence in such trade in such district;

(c) rules (in this Act referred to as rules regulating the training of apprentices) requiring employers carrying on such trade in such district to train and instruct apprentices employed by them in a specified manner;

(d) rules (in this Act referred to as rules regulating the number of apprentices) fixing in relation to any specified employer carrying on such trade in such district the number (in this Act referred to as the standard number) of apprentices whom such committee considers should be employed by such employer in such trade in such district, and such number may, if such apprenticeship committee thinks fit, be expressed as a proportion of the number of persons of any class or classes employed from time to time in such trade in such district by such employer;

(e) rules (in this Act referred to as rules regulating apprenticeship premiums) either—

(i) prohibiting the taking of any fee, premium, or other consideration (in this Act referred to as an apprenticeship premium) in respect of the employment of a person by way of apprenticeship in such trade in such district, or

(ii) permitting the taking of an apprenticeship premium in respect of such employment and fixing the amount of such apprenticeship premium;

(f) rules (in this Act referred to as rules regulating the minimum rates of overtime wages) in relation to the minimum rates of wages for overtime to be paid to persons employed by way of apprenticeship in such trade in such district.

(3) An apprenticeship committee may from time to time by rules made under this section rescind, amend, or add to any rules previously made by them under this section and for the time being in force.

(4) An apprenticeship committee shall not make any rules under this section unless and until one month's notice of the intention to make such rules has been given in accordance with regulations made by the Minister and until they have considered any representations made in relation to such rules received before the expiration of the said period.

(5) Every rule made by an apprenticeship committee under this section shall be submitted to the Minister as soon as may be after it is made and no such rule shall be of any force or effect unless or until it is confirmed by order of the Minister, but on being so confirmed shall come into force on such date (not earlier than the date of such order) as shall be specified in that behalf in such order or, if no such date is so specified, on the date of such order.

9 Confirmation of rules.

9.—(1) The Minister may, in respect of any rule submitted to him by an apprenticeship committee under this Act, either by order confirm such rule or refuse to confirm such rule.

(2) Whenever the Minister refuses to confirm a rule made by an apprenticeship committee under this Act, such apprenticeship committee shall, in case such rule is a rule which such apprenticeship committee is required by this Act to make, and may, in any other case, make a new rule and this section shall apply to such new rule in like manner as it applies to the original rule.

10 Proof of rules.

10.—Prima facie evidence of any rules made by an apprenticeship committee and confirmed by order of the Minister under this Act may be given in all Courts of Justice and in all legal proceedings by the production of a copy of such rules and order printed under the superintendence or authority of and published by the Stationery Office.

11 Definition of “employment by way of apprenticeship” and “apprentice.”

11.—(1) Where apprenticeship classification rules made by an apprenticeship committee are for the time being in force such employment as is declared by such rules to constitute employment by way of apprenticeship in the designated trade for which such committee is established shall for the purposes of this Act be employment by way of apprenticeship in that trade in the district of that committee.

(2) In this Act the word “apprentice” means a person employed by way of apprenticeship in the designated trade and in the apprenticeship district in relation to which the said word is used.

12 Period of apprenticeship.

12.—(1) Where rules regulating the period of apprenticeship made by an apprenticeship committee are for the time being in force, every person who is employed by way of apprenticeship in the designated trade for which such committee is established and in the district of such committee shall, where such employment commences while such rules are in force and notwithstanding any agreement to the contrary, be deemed to be employed under an agreement signed by such person and his employer whereby such employer agrees to employ such person and such person agrees to serve such employer for the period of apprenticeship specified in such rules, but such committee may, if it so thinks fit, release both parties from their respective obligations under the agreement implied by this section or modify such agreement or with the consent of, in case the apprentice has attained the age of eighteen years, the apprentice, and, in case the apprentice has not attained such age, the parent (if any) of the apprentice transfer the benefits and obligations of such employer under such agreement to another employer carrying on in such district such trade.

(2) In this section the expression “parent” in relation to an apprentice who has not attained the age of eighteen years means the individual having the legal custody of such apprentice and, where owing to the absence of such individual or for any other reason such apprentice is not living with or in the actual custody of such individual, includes the individual with whom such apprentice is living or in whose actual custody such apprentice is.

13 Prohibition of payments of wages below minimum rates.

13.—(1) Where any rules regulating the minimum rates of wages made by an apprenticeship committee are for the time being in force, every employer carrying on in the district of such committee the designated trade for which such committee is established shall pay to every apprentice employed by him wages at not less than the rate or rates payable under such rules, and for the purpose of any civil proceedings by any such apprentice against such employer to recover wages there shall be deemed to be a valid and effective contract by such employer to pay to such apprentice wages at a rate or rates not less than the rate or rates payable under such rules.

(2) If any employer fails to comply with this section he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds, and on such conviction the court may order such employer to pay, in addition to such fine, such sum as appears to be due to the person employed on account of wages, the wages being calculated on the basis of the minimum rate or rates payable under the rules regulating the minimum rates of wages applicable to such person, but the power to order payment of wages under this sub-section shall not be in derogation of any right of the person employed to recover wages by any other proceedings.

(3) In this and the next succeeding section the word “wages” does not include wages for overtime.

14 Records of wages paid to apprentices.

14.—(1) Where any rules regulating the minimum rates of wages made by an apprenticeship committee are for the time being in force, it shall be the duty of every employer who carries on in the district of such committee the designated trade for which such committee is established and employs any apprentice in such trade to keep such records of wages paid and time worked as are necessary to show that such rules are being complied with in relation to such apprentice.

(2) If any employer—

(a) fails or neglects to keep such records as are required by this section to be kept; or