S.I. No. 198/1995 - Labour Services Act 1987 -Apprenticeship Rules 1995

WHEREAS all those functions that were vested in An Chomhairle Oiliúna immediately before the establishment of An Foras Áiseanna Saothair (hereinafter referred to "An Foras") are now had and enjoyed by An Foras pursuant to Section 4 (2) of the Labour Services Act 1987 , and WHEREAS prior to the establishment of An Foras, An Chomhairle Oiliúna had made the following Orders pursuant to Section 23 of the Industrial Training Act 1967 , that is to say:—

The Industrial Training (Printing and Paper Industry) Order 1970 ( S.I. No. 21 of 1970 );

The Industrial Training (Engineering Industry) Order 1969 ( S.I. No. 40 of 1969 );

The Industrial Training (Construction Industry) Order 1969 ( S.I. No. 47 of 1969 );

The Industrial Training (Textiles Industry) Order 1968 ( S.I. No. 278 of 1968 );

The Industrial Training (Clothing and Footwear Industry) Order 1969 ( S.I. No. 44 of 1969 );

The Industrial Training (Chemical and Allied Products Industry) Order 1972 ( S.I. No. 181 of 1972 );

The Industrial Training (Food Drink & Tobacco Industry) Order 1969 ( S.I. No. 260 of 1969 );

The Industrial Training Order 1978 ( S.I. No. 312 of 1978 ) declaring the activities of industry therein specified to be designated industrial activities for the purpose of the said Act.

AND WHEREAS is pursuance of the powers conferred on it by Section 24 of the 1967 Act and Section 4 (2) of the 1987 Act An Foras has established the following industrial training committees to advise it and assist An Foras as respects the performance by it of its functions in relation to the said activities of industry that is to say:—

The Printing and Paper Industry Training Committee;

The Engineering Industry Training Committee;

The Construction Industry Training Committee;

The Textiles, Clothing and Footwear Industry Training Committee;

The Food, Drink and Tobacco Industry Training Committee;

The Chemical and Allied Products Industry Training Committee.

NOW THEREFORE An Foras in exercise of the powers conferred on it by Section 27 (1) of the Industrial Training Act 1967 (No. 5 of 1967) and section 4 (2) of the Labour Services Act 1987 (No. 15 of 1987) and following consultation with the National Apprenticeship Advisory Committee, the Industrial Training Committee and the Minister for Education hereby makes the following Rules in relation to the employment by way of apprenticeship in the designated industrial activities.

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1. (1) These Rules may be cited as the Labour Services Act Apprenticeship Rules 1995.

• (2) These Rules shall come into effect on the 1st August 1995.

• (3) All previous Apprenticeship Rules made pursuant to the Apprenticeship Act of 1959, the Industrial Training Act of 1967 and the Labour Services Act of 1987 in relation to the classes of apprentices in 1 (4) are hereby revoked, without prejudice to the rights of apprentices already undergoing training under any such previous Rule.

• (4) These rules are made in relation to the employment of apprentices of the following classes:—

Carton Maker

Printer

Originator

Bookbinder

Bricklayer

Plasterer

Painter/Decorator

Vehicle Body Repairer

Agricultural Mechanic

Aircraft Mechanic

Refrigeration Craftsperson

Sheet Metal Worker

Cabinet Maker

Wood Machinist

Plumber

Metal Fabricator

Heavy Vehicle Mechanic

Toolmaker

Construction Plant Fitter

Motor Mechanic

Carpenter/Joiner

Fitter

Electrician

Instrumentation Craftsperson.

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2. In these Rules:

"An Foras" means An Foras Áiseanna Saothair.

"Employer" means a person who is an employer in any capacity or activities of the:

Printing and Paper

Engineering

Construction

Textiles

Clothing and Footwear

Food Drink and Tobacco or

Chemical and Allied Products Industries

which or each of which is declared by the relevant Industrial Training Order to be a designated industrial activity AND a person who is an employer in any activity or activities listed in the Schedule of the Industrial Training Order 1978 ( S.I. No. 312 of 1978 ) which or each of which is declared to be a designated industrial activity.

"Apprentice" means a person employed by way of apprenticeship in a designated industrial activity and includes any person to whom regulations under Section 28 of the Industrial Training Act 1967 apply.

3 Minimum Age of Entry to Apprenticeship

The minimum age at which the employment of an apprentice may commence shall be sixteen (16) years of age.

4 Minimum Entry Requirements for Apprenticeship

A person entering employment as an apprentice shall have the following, as a minimum—

( a ) Grade D in five (5) subjects in the Department of Education's Junior Certificate examination, or approved, equivalent, or

( b ) Completed to the satisfaction of An Foras an approved pre-apprenticeship course, or

( c ) Completed to the satisfaction of An Foras a course for persons with disabilities at a Centre approved by An Foras, or

( d ) In the case of persons being over 25 years of age who do not meet the requirements under (a) not less than three years work experience acceptable to An Foras in a relevant designated industrial activity.

In respect of (b), (c) and (d) above applicants must undergo a structured assessment interview approved by An Foras and achieve a minimum standard to be specified by An Foras from time to time.

5 Vision Test

A person entering employment as an apprentice in a trade where it is deemed necessary by An Foras, must pass a vision test approved by An Foras.

6 Prohibition of Premium

No employer shall bargain for, take or accept either directly or indirectly any premium, fine, fee or other consideration whatsoever in respect of the employment of any person as an apprentice in a designated industrial activity. This shall not preclude the seeking or acceptance of any payment from Public or European Community Funds in connection with the employment of apprentices in a designated industrial activity.

7 Dismissal

• (1) Subject to 7 (2), no employer shall dismiss any apprentice save in strict accordance with the provision of the Unfair Dismissals Acts 1977 and 1993, the Protection of Employment Act 1977 , the Minimum Notice and Terms of Employment Act 1973 , and the Redundancy Payments Acts 1967 to 1990.

• (2) Where it is no longer possible for reasons of redundancy for an employer to continue an apprenticeship the employer shall give written prior notice to An Foras accordingly and shall take all reasonable steps to have his/her obligations under the contract of apprenticeship transferred to another employer.

8 Form of Contract

Every contract of apprenticeship shall be deemed to be automatically terminated on an apprentice failing to reach after three (3) attempts the minimum qualifying standard as specified by An Foras in any of the modular assessments during off-the-job training. Second and subsequent attempts must be taken in accordance with the procedures for such attempts in each trade, as specified by An Foras.

9 Notification

Section 34 (1) and (2) of the Industrial Training Act 1967 (No. 5 of 1967) shall apply to every contract of apprenticeship in a designated industrial activity.

10 Training

• (1) The training of Apprentices shall consist of modules of training both on and off-the-job and assessments as determined by An Foras from time to time following consultation with the National Apprenticeship Advisory Committee, if any, or other appropriate body or bodies as determined by An Foras.

• (2) Employers are obliged to show, to the satisfaction of An Foras, that they have the capacity to provide relevant on-the-job training, to comply, as a minimum, with the schedules of training as determined by An Foras from time to time and to provide relevant on-the-job training and release for the relevant off-the-job training.

11 Prosecution of Offences

An offence under the Industrial Training Act 1967 or the Labour Services Act 1987 or this Statutory Instrument may be prosecuted by an Foras.

12 Posting of Copies or Abstracts of Rules

A printed copy of these Rules or printed abstracts thereof approved by An Foras shall be provided to every apprentice by his/her employer at the commencement of his/her apprenticeship.

13 Certification and Standards

Apprentices who have completed the appropriate training and have attained the standards determined by An Foras following consultations with the National Apprenticeship Advisory Committee, if any, shall be eligible for a National Craft Certificate.

GIVEN under the Official Seal of An Foras Áiseanna Saothair this 24th day of July, 1995.

The Seal of An Foras Áiseanna Saothair was affixed in the presence of:—

CHRIS KIRWAN,

A member of An Foras Áiseanna Saothair authorised by An Foras Áiseanna Saothair to act in that behalf

and G PYKE,

An officer of An Foras Áiseanna Saothair authorised by An Foras Áiseanna Saothair to act in that behalf.

EXPLANATORY NOTE.

An Foras Áiseanna Saothair (The Training and Employment Authority) was established under the Labour Services Act, 1987 , to provide training and employment services.

This order provides for a single standards based apprenticeship system, leading to craft worker status.