The Laws of Fiji
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Last Updated: 1 December 2016
[FNU 10,020] Implied conditions4
4
- (a)on the part of the employer—
- (i)to train the apprentice in accordance with the training recommendation where an appropriate recommendation exists;
- (ii)to train or to have trained the apprentice to the best of his or her ability in the trade or occupation where no training recommendation is available;
- (iii)to satisfy himself or herself as to the suitability of the apprentice to undertake the necessary training and related education;
- (iv)to offer related and progressive on-the-job training and experience during the period of the agreement;
- (v)to release the apprentice, at wages not less than the rates in the Fiji National Training (Remuneration of Apprentices) Order 2003 and travel and subsistence at the prevailing rates for periods of training or related education as determined by the Council;
- (vi)to pay all fees in connection with classes/courses which the apprentice may be required to attend;
- (vii)to maintain records in respect of the apprentice on such matters as time worked, wages, travel and subsistence paid and to keep any records required the Council in respect of the apprentice;
- (viii)to make available to the apprentice the requisite tools for the work which the apprentice will be engaged on if these tools are in excess of the tools prescribed by the Council and all necessary educational text books and drawing instruments;
- (ix)to advance moneys to the apprentice for the purchase of tools prescribed by the Council and recover these moneys, less any tool allowance from authorities, from the apprentice in accordance with section 47 of the Employment Relations Act 2007;
- (x)not to require or permit the apprentice to work such hours as would necessitate the apprentice being absent from a day, evening or night related education class;
- (xi)not to permit the apprentice if under 18 years of age to work more than 20 hours overtime in any one month without prior Council approval;
- (xii)not to permit the apprentice to work outside Fiji without the prior written permission of the Council;
- (xiii)not to engage more than one apprentice for every 2 experienced employees in the relevant trade or occupation without Council approval;
- (xiv)to apply for Council permission to employ the apprentice and to register the apprentice with the Council within 3 months from engaging the person as an apprentice;
- (xv)not to request or to accept a premium in respect of the employment of the apprentice;
- (xvi)to inform the Council, as soon as to possible, if he or she is or will be unable to provide employment or suitable training for the established apprentice and if such be the case, if required, to facilitate the apprentice’s transfer on a temporary or permanent basis;
- (xvii)to undertake to pay the apprentice wages not less than the rates in the Fiji National Training (Remuneration of Apprentices) Order 2003, and such travelling and subsistence allowance as the Council may determine;
- (b)on the part of the apprentice—
- (i)to obey lawful instructions and serve the employer to the best of his or her ability;
- (ii)to maintain a high standard of honesty and safety in matters affecting the employer and not communicate to any person information that would hurt or damage the business of the employer;
- (iii)not to absent himself or herself from his or her employer’s service except on medical grounds with a medical certificate or other reasonable grounds acceptable to the employer;
- (iv)to attend off-the-job and related education courses as directed and seek to advance his or her skill and knowledge diligently without hindrance to the training and educational authorities or fellow trainees;
- (v)to maintain any training records, on request by the employer or Council;
- (vi)to equip himself or herself progressively with tools as prescribed by the Council for his or her particular trade or occupation and repay money advanced for tools, if any, to his or her employer;
- (c)on the part of the Council to register the apprentice in its records and to inform the employer and apprentice accordingly;
- (d)a probationary period of 6 months shall be served by the apprentice, and the apprenticeship agreement may be terminated during this period by either party; such termination to be notified in writing to the Council by the employer within one week of the date of termination;
- (e)the agreement shall terminate—
- (i)when the Council is satisfied that the apprentice has completed the agreement; or
- (ii)if the Council is satisfied that the apprentice has not complied with the conditions of the agreement or is unsuitable for further training;
- (f)if an employer is satisfied that the apprentice bound to him or her by agreement under the provisions of this Order has committed a serious breach of the terms of such agreement or of any conditions of apprenticeship applicable to such apprentice, he or she may forthwith suspend the apprentice;
- (g)an employer who has suspended an apprentice shall report the matter in writing to the Director within 3 working days of the suspension and the Director shall then investigate the matter and may confirm or set aside the suspension of the apprentice or vary the term thereof;
- (h)if the Director sets aside the suspension of an apprentice, the employer shall pay to the apprentice such wages as may have been withheld from him or her during the period of suspension.
[O 4 am LN 67 of 1989 O 2, effective 1 July 1989; LN 99 of 2016 reg 76, effective 1 December 2016]