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Who Is An Apprentice? by theadvocatus(m): 6:43pm On Jul 22, 2017 |
As humans going about our daily lives, we enter into a form of contract every blessed day. Each time we fuel our cars, eat out, buy airtime, board buses, etc, a form of contract is entered into either consciously or unconsciously, oral or written. The focus for today however, is contract of apprenticeship. Apprenticeship is a form of employment although distinct from a contract of employment because it involves learning a skill, trade, craft, art or profession. In apprenticeship there is no employer-employee relationship but more of a master-servant relationship. When someone (not below the age of 12) decides to bind himself under agreement to serve and learn from his employer (master) for a period of time and the master also agrees to teach, mentor and train such a person. Apprenticeship is a form of contract because it has basically the four ingredients of a formal contract; Offer, Acceptance, Consideration, and Intention to create legal relations. For example, Sidi wants to learn how to sew dresses, she applies to a Fashion House in Surulere (offer), Mama T liked her passion and charisma and she was told to pay for a 6month course (acceptance & consideration), she was given a payment receipt and a written contract to sign which binds both parties... that is a clear contract of apprenticeship. Note, most times consideration may be anything other than money; it could be bottles of Schnapps, crate(s) of Coca Cola, carton of biscuits or even a promise to wash the master’s car every day. Contract of apprenticeship is regulated by the Labour Act L8 LFN 2004 which stipulates that it must be in writing and attested to by a Labour Officer. If this is not done, such contract would not be recognized by law and must satisfy the following requirements because most times apprentices are children in order to avoid exploitation: • The consent of the apprentice must be obtained without fraud, coercion or undue influence. • That the apprentice is mentally sound and fit physically to undergo such training. • That the parties to the contract understand the terms before executing. • There is provision for remuneration of the apprentice in cash or otherwise during the apprenticeship. • There is provision for shelter, and basic amenities for the apprentice. Contract of apprenticeship favours the apprentice more than the master. A master cannot terminate the contract except he can show that his trade is endangered by the servant, neglects his duties and is incorrigible. An apprentice can however terminate the contract at any time as long as it is for his benefit. A master shall be liable for any breach and failure to teach. If Sidi for example after six months cannot sew a handkerchief not to say a dress, then Mama T shall be liable. YOUR RIGHTS AS AN APPRENTICE: 1. You have the right to be well catered for. The welfare of an apprentice is the most important part of a contract of apprenticeship. Food, shelter, clothings, portable water etc… you deserve to be treated as a human, you are not a slave. 2. You have the right to be taught the trade, art or profession you signed up for. Your master has no excuse not to teach, mentor or groom you. 3. You have the right to serve for not more than five (5) years. No matter how hard or tough the trade is, it should not exceed five years to learn although with option to extend at the instance of the apprentice. 4. You have the right to be remunerated wherever the situation applies. 5. You should not be beaten or subjected to unnecessary hard labour just because you are learning. 6. You have the right to sue your master whenever he fails to perform his duties. 7. You have rights to be granted holidays, leave and breaks and still be remunerated. Are you a graduate trainee? you are an apprentice. the rights maybe more so feel free to add authoritatively. 1 Like
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