{"id":522,"date":"2021-06-25T16:17:01","date_gmt":"2021-06-25T08:17:01","guid":{"rendered":"http:\/\/devwp.visibleone.io\/p136\/?p=522"},"modified":"2021-09-10T19:56:22","modified_gmt":"2021-09-10T11:56:22","slug":"apprenticeship","status":"publish","type":"post","link":"https:\/\/familyclic.hk\/en\/topics\/child-and-youth-affairs\/rights-of-youth-as-employee\/apprenticeship\/","title":{"rendered":"Apprenticeship"},"content":{"rendered":"

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V. Apprenticeship<\/h1>\n

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A. Definitions<\/h2>\n

According to\u00a0section 2<\/a>\u00a0of the\u00a0Apprenticeship Ordinance<\/a>\u00a0(\u00a0Cap. 47<\/a>\u00a0), \u201cApprentice” means the party to a contract of apprenticeship who agrees to learn a trade or occupation. An apprenticeship is an exception to some rules for an employment contract:\u00a0Section 2<\/a>\u00a0,\u00a0Apprenticeship Ordinance<\/a>\u00a0(\u00a0Cap. 47<\/a>\u00a0). Apprentices have special work hours, special contract terms, and a Director of Apprenticeship can be appointed to investigate claims and any infringement of the ordinancearising from the employment. Currently, there are 45 recognized apprenticeship trades. For the purpose of the\u00a0Apprenticeship Regulations<\/a>\u00a0(\u00a0Cap. 47A<\/a>\u00a0), \u201cperiod of employment\u201d means the period an apprentice spends on the job, including intervals allowed for meals or rest (\u00a0regulation 2<\/a>\u00a0). \u201cHours worked\u201d means time in which the apprentice is employed, exclusive of the intervals allowed for meals and rest (\u00a0regulation 2<\/a>\u00a0,\u00a0Apprenticeship Regulations<\/a>\u00a0(\u00a0Cap. 47A<\/a>\u00a0)).<\/p>\n

According to\u00a0section 7(1)<\/a>\u00a0of the\u00a0Apprenticeships Ordinance<\/a>\u00a0(\u00a0Cap. 47<\/a>\u00a0), it is young persons who are in employment as an apprentice under a contract of apprenticeship. A \u201cyoung person\u201d, according to\u00a0section 2<\/a>\u00a0of the\u00a0Apprenticeship Ordinance<\/a>\u00a0, means a person of or over the age of 14 years and under the age of 19 years; however, under section 44 of the Ordinance, the Chief Executive may extend the upper age limit for a young person from 18 years to an age not exceeding 21 years.<\/p>\n

B. Examples of apprenticeship<\/h2>\n

There are 45 recognized Apprenticeship trades. Below are some examples of such trades.<\/p>\n

    \n
  1. Electricity technicians (CLP)<\/a><\/li>\n
  2. Foreign trade and logistics management<\/a><\/li>\n
  3. Electrical, mechanical and quantity surveying<\/a><\/li>\n<\/ol>\n

    C. Medical examinations required for apprenticeship<\/h2>\n

    Many apprenticeships are physically demanding. To better protect apprentices and their employers, apprentices are required by law to be medically examined with respect to his\/her fitness to be employed in the trade. The employer should arrange and pay for the medical examination of the apprentice before the registration of the contract of apprenticeship.<\/p>\n

    D. Limitations on work conditions<\/h2>\n

    Limitations are imposed on the working conditions of apprentices, in order to better protect them. Apprentices\u00a0can not<\/u>\u00a0be employed under the following conditions (\u00a0Regulation 8<\/a>\u00a0,\u00a0Apprenticeship Regulations<\/a>\u00a0(\u00a0Cap. 47A<\/a>\u00a0)):<\/p>\n\n\n\n\n\n\n\n\n
    \n

    Total work hours<\/strong><\/p>\n<\/td>\n

    		\n

    Exceeding 8 hours in any day or 48 hours in any week<\/p>\n<\/td>\n<\/tr>\n

    \n

    Total period of employment in any day<\/strong><\/p>\n<\/td>\n

    		\n

    Exceeding 9 hours of employment, beginning earlier than 7 am or ending later than 7pm<\/p>\n<\/td>\n<\/tr>\n

    \n

    Work without rest (those under 16 years of age)<\/strong><\/p>\n<\/td>\n

    		\n

    Working continuously for a period of more than 5 hours without a minimum interval of 1 hour (interval = meal or rest after working continuously for 5 hours)<\/p>\n<\/td>\n<\/tr>\n

    \n

    Work without rest (those above 16 years of age)<\/strong><\/p>\n<\/td>\n

    		\n

    Working continuously for a period of more than 5 hours without a minimum interval of 30 minutes (interval= meal or rest after working continuously for 5 hours)<\/p>\n<\/td>\n<\/tr>\n

    \n

    Work during interval\/meal<\/strong><\/p>\n<\/td>\n

    		\n

    Not permitted<\/p>\n<\/td>\n<\/tr>\n

    \n

    Total days employed during a week<\/strong><\/p>\n<\/td>\n

    		\n

    Employed for more than 6 days in any one \u00a0week<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

    E. Overtime employment and related limitations<\/h2>\n

    Apprenticeships might be required to work overtime. The law permits apprentices to work overtime, but subject to certain limitations. Apprentices above the age of 16 may work overtime. However, the employer shall not require or permit an apprentice to work overtime if such overtime work would prevent the apprentice from attending a course of instruction which he is required to attend.<\/p>\n

    If the Commissioner for Labour finds that overtime employment adversely affects the health of an apprentice, the Commissioner may prohibit the overtime employment.<\/p>\n

    Extra limitations are imposed on the total hours of overtime. For apprentices under\u00a0regulation 9<\/a>\u00a0,\u00a0Apprenticeship Regulations<\/a>\u00a0(\u00a0Cap. 47A<\/a>\u00a0), the total hours of overtime shall\u00a0not:<\/u><\/p>\n\n\n\n\n\n\n\n\n
    Apprentice under the age of 18<\/strong><\/p>\n<\/td>\nExceed 150 hours in any year or 2 hours in any one day<\/p>\n<\/td>\n<\/tr>\n
    Apprentice under the age of 18 but will become 18 during the year<\/strong><\/p>\n<\/td>\nExceed 200 hours in that year or 2 hours in any day<\/p>\n<\/td>\n<\/tr>\n
    Apprentice 18 years old or above<\/strong><\/p>\n<\/td>\nExceed 250 hours in any year or 2 hours in any day<\/p>\n<\/td>\n<\/tr>\n
    On any day (hour of work)<\/strong><\/p>\n<\/td>\nExceed 10 hours of work in total (so that means no more than 2 hours of overtime)<\/p>\n<\/td>\n<\/tr>\n
    On any day (period of employment), age under 18<\/strong><\/p>\n<\/td>\nExceed 12 hours (between 7 a.m. and 7 p.m. only)<\/p>\n<\/td>\n<\/tr>\n
    On any day (period of employment), age above 18<\/strong><\/p>\n<\/td>\nExceed 12 hours (between 7 a.m. and 9 p.m. only)<\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

     <\/p>\n

    F. Apprenticeship contracts<\/h2>\n

    Apprenticeship contracts are a special kind of employment contract because certain sections of the\u00a0Employment Ordinance<\/a>\u00a0are excluded. However, the law requires every contract of apprenticeship to be in writing, and contain the prescribed terms and conditions. Provisions that should be included in apprenticeship contracts are listed in the\u00a0Apprenticeship Regulations<\/a>\u00a0. They include measures protecting the apprentice, such as:<\/p>\n