7. Termination of apprenticeship contract -
(1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training.
(2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereto to the other party to the contract.
(3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract, if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the same:
1(4) Notwithstanding
anything contained in any other provision of this Act, where a contract of
apprenticeship has been terminated by the Apprenticeship Adviser before the
expiry of the period of apprenticeship
training and a new contract of apprenticeship is being entered into with a
employer, the Apprenticeship Adviser may, if he satisfied that the contract of
apprenticeship with the previous employer could not be completed because of any
lapse on the part of the previous employer, permit the period of apprenticeship
training already undergone by the apprentice with his previous employer to be
included in the period of apprenticeship training to be undertaken with the new
employer.]
Provided that where a contract is terminated-
(a) for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may prescribed;
(b)
for such
failure on the part
of the apprentice, the
apprentice or his guardian shall refund to the employer as cost of training
such amount as
may be determined by the Apprenticeship
Adviser.
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1. Ins. by Act 27 of 1973.