APPRENTICESHIP REGULATIONS

APPRENTICESHIP REGULATIONS

APPRENTICESHIP REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

PART 1

PRELIMINARY

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

PART II

APPRENTICESHIP IN DESIGNATED
TRADES

3.....................Minimum period of apprenticeship ... .... ... ... ... ... ... ... A 2

4.....................................Terms and conditions to be contained in contract of apprenticeship ... A 2

5..............Period of probation .......... ... ... ... ... ... ... ... ... ... A 3

6............................Probationary period to be part of apprenticeship ... ... ... ... ... A 3

7.......................Medical examination of apprentices ... ... ... ... ... ... ... A 4

PART III

HOURS OF EMPLOYMENT AND
OVERTIME

8................................Hours of work and periods of employment of apprentices ... ... ... A 4

9.......................Overtime employment of apprentices ... ... ... ... ... ... ... A 5

10...........................Power to extend limits of overtime employment ... ... ... ... ... A 6

11.........................Power to prohibit overtime employment ... ... ... ... ... ... A 6

12.........Offences ......................... ... ... ... ... ... ... ... ... A 6

PART IV

REGISTRATION

13.........Register ......................... ... ... ... ... ... ... ... ... A6

14.............................Mode of registration of contracts of apprenticeship ... ... ... ... A 6

15.........................Mode of registration of variation document ... ... ... ... ... ... A 7

PART V

MISCELLANEOUS

16. Records to be maintained by employers ... ... ... ... ... ... A 7





APPRENTICESHIP REGULATIONS

(Cap. 47, section 47)

[19 July 1976.]

PART 1

PRELIMINARY

1. These regulations may be cited as the Apprenticeship
Regulations.

2. In these regulations, unless the context otherwise requires

-hours worked' means the time during which an apprentice is employed,
exclusive of the intervals allowed for meals or rest;

'overtime employment' means any period during which an apprentice is
at work outside the period of employment permitted under
regulation 8;

'period of employment' means the period, inclusive of the intervals
allowed for meals or rest, within which an apprentice may be
employed on any day;

'rest day' means a continuous period of not less than 24 hours during
which a registered apprentice is entitled to abstain from working for
his employer;

'week' means the period between midnight on Saturday night and
midnight on the succeeding Saturday night.

PART II

APPRENTICESHIP IN DESIGNATED
TRADES

3. (1) Subject to paragraph (2), the period of apprenticeship

required to be served by an apprentice in a designated trade shall
not be less than 3 years in any case. -p#

(2) Paragraph (1) shall not apply where the Commissioner
in exercise of his powers under the Ordinance reduces the
period of apprenticeship in any case or class of cases.

4. Every contract of apprenticeship in a designated trade shall
contain all such provisions as may be necessary to bind the parties to
the contract of apprenticeship and to define the rights and obligations
of the parties, and shall include provisions with respect to the following





(a)that the apprentice of his own free will and with the consent of
his guardian (if any) binds himself to serve his employer as an
apprentice during the period of apprenticeship stated in the
contract of apprenticeship;

(b) that during the period of apprenticeship the employer will-

(i) employ the apprentice and, to the best of his ability, skill
and knowledge, teach the apprentice or cause him to be taught
in such skills and operations as may be specified by the Commissioner in relation to
the designated trade in which he is apprenticed; and

(ii) permit the apprentice to attend any course of instruction
specified in an attendance order made by the
Commissioner;

(c) the period of apprenticeship;

(d) the period of probation to be served by the apprentice;

(e)the wages to be paid to the apprentice, and the frequency and
manner of payment of wages;

the normal hours of attendance by the apprentice at his place
of employment;

(g)the payment of sickness allowance or the entitlement to sick
leave during any illness of the apprentice;

(h)the entitlement of the apprentice to leave and holidays with
pay;

(i)any other terms and conditions under which the apprentice is
employed; and

(j)the grounds on which the apprentice may be suspended from
employment or the contract of apprenticeship may be
terminated.

5. (1) Every apprentice in a designated trade shall serve a period of
probation of not less than 3 months or more than 6 months commencing
from the date on 'Which his employment under the contract of
apprenticeship begins.

(2) During the period of probation either the employer or the
apprentice may terminate the contract of apprenticeship by giving to the
other party 7 days' notice, orally or in writing, of his intention to do so.

(3) Where any party terminates a contract of apprenticeship during
a period of probation without notice as required by paragraph (2), the
party terminating the contract shall pay to the other party a sum equal to
the amount of wages which would have accrued to the apprentice during
the period of notice.

6. A period of probation served by an apprentice shall be counted
as part of the period of apprenticeship under his contract of
apprenticeship.





7. (1) Every apprentice who enters into a contract of apprenticeship
in a designated trade shall be medically examined as to his fitness to be
employed in the designated trade.

(2) The medical examination of the apprentice shall be arranged by
the employer and shall take place prior to the registration of the contract
of apprenticeship.

(3) The cost of the medical examination shall be borne by the
employer.

PART 111

HOURS OF EMPLOYMENT AND
OVERTIME

8. (1) Subject to this Part, every employer shall comply with the
following provisions in relation to registered apprentices under his
employment

(a)the total hours worked by a registered apprentice shall not
exceed 8 hours in any day or 48 hours in any week;

(b)the total period of employment of a registered apprentice on
any day shall not exceed 9 hours and such period shall,
subject to paragraph (2), not begin earlier than 7 a.m. or end
later than 7 p.m.;

(c)no registered apprentice shall be required or permitted to work
continuously for a period of more than 5 hours without being
allowed an interval for a meal or rest after he has worked
continuously for 5 hours

(i) in the case of an apprentice under 16 years of age, of not
less than one hour; and

(ii) in any other case, of not less than half an hour;

(d)no registered apprentice shall be required or permitted to work
during any part of an interval allowed to him for a meal or rest
under sub-paragraph (c);

(e)no registered apprentice shall be employed on more than 6
days in any week;

(f)in any week in which a statutory holiday, within the meaning
of the Employment Ordinance, occurs, a registered apprentice
shall be given a day in that week, other than the statutory
holiday, as a rest day.

(1A) Notwithstanding paragraph (1)(a) and (b), in the case of a
registered apprentice of the age of 16 years or above, the Commissioner
may grant to the employer permission in writing that the apprentice may
work such period as is specified in the permission but so that the period
is not more than 10 hours in a day between the hours of 7 a.m. and 7
p.m. and the permission may be subject to such conditions, including
conditions as to the number and frequency of rest days and part rest
days, as the Commissioner sees fit.





(1 B) Nothing in paragraph (1A) shall be taken so as to permit the
employer to extend the hours worked by a registered apprentice under
paragraph (1)(a) to more than 48 hours per week.

(2) Notwithstanding paragraph (1)(b) and paragraph (1A), in the
case of a registered apprentice of the age of 18 years or above, the
Commissioner may grant to the employer permission in writing that the
employment of the apprentice may begin earlier than 7 a.m. or end later
than 7 p.m. on any day.

(3) For the purposes of-

(a)paragraph (1)(c), work shall be deemed to be continuous
unless interrupted by the intervals prescribed in that
paragraph;

(b)paragraph (1)(e), a full day spent by an apprentice to attend a
course of instruction at a technical institution in compliance
with an attendance order shall be deemed to be employment
for one full day.

9. (1) Notwithstanding regulation 8 and without prejudice to
regulation 10, a registered apprentice of the age of 16 years or above
may be employed on overtime subject to the following conditions

(a)the total hours of overtime shall not exceed in the aggregate

(i) in the case of an apprentice under the age of 18 years,
150 hours in any year or 2 hours in any day;

(ii) in the case of an apprentice under the age of 18 years
who attains the age of 18 years during a year, 200 hours in that
year or 2 hours in any day; and

(iii) in the case of an apprentice of the age of 18 years or
above, 250 hours in any year or 2 hours in any day;

(b)the total hours worked by the apprentice shall not exceed 10 in
any day;

(c)the total period of employment of an apprentice on any day
shall not exceed 12 hours and such period shall, subject to
paragraph (2), not begin earlier than 7 a.m. or end

(i) in the case of an apprentice under the age of 18 years,
later than 7 p.m.;

(ii) in other cases, later than 9 p.m.;

(d)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 under an attendance order.

(2) Notwithstanding paragraph (1)(c), in the case of an apprentice
of the age of 18 years or above, the Commissioner may





grant to the employer permission in writing that the employment of the
apprentice may begin earlier than 7 a.m. or end later than 9 p.m. on any
day.

(3) For the purposes of paragraph (1)(a), in order to reckon the
aggregate hours of overtime account shall be taken only of that period
during which an apprentice works in excess of the number of hours
specified in regulation 8(1)(a) or a permission granted under regulation
8(1A) or outside the period of employment specified in regulation
8(1)(b).

10. The Commissioner may in any particular case authorize an
employer in writing to employ a registered apprentice on overtime in
excess of the aggregate number of overtime hours, or in excess of the
total hours which may be worked in any day, permitted under regulation
9.

11. The Commissioner may, if he is satisfied that the overtime
employment of a registered apprentice may prejudicially affect the health
of the apprentice, by notice in writing served on the employer, either
prohibit the overtime employment of the apprentice or specify such
conditions in respect of such overtime employment as he thinks fit.

12. Any employer who-

(a) contravenes regulation 8 or 9; or

(b)fails to comply with a notice served under regulation 11,

shall be guilty of an offence and shall be liable on conviction to a fine of
$5,000.

PART IV

REGISTRATION

13. (1) The Commissioner shall cause a register to be maintained in
the form specified by him which shall contain

(a) all entries required to be made under the Ordinance in
respect of registered contracts of apprenticeship; and

(b)such particulars as he thinks fit of all contracts of
apprenticeship registered under the Ordinance.

(2) The register shall be kept at the place appointed by the
Commissioner and shall be open to inspection by any person free of
charge during normal office hours upon application in writing to the
Commissioner.

14. (1) A contract of apprenticeship required to be registered under
the Ordinance or to which section 17 of the Ordinance applies shall be
sent to the Commissioner together with 2 copies of it.





(2) The registration of a contract of apprenticeship shall be effected
by entering in the register the entries and particulars referred to in
regulation 13.

(3) 'When a contract of apprenticeship is registered under
paragraph (2)

(a)the original contract and the 2 copies shall be endorsed with a
note of its registration and the serial number in the register;
and

(b)the original contract shall be retained by the Commissioner,
one copy shall be sent to the employer and the other copy to
the apprentice or his guardian (if any).

15. (1) A variation document required to be registered under

the Ordinance shall be sent to the Commissioner together with 2
copies of it.

(2) The registration of a variation document shall be effected by
entering in the register the particulars of the variation.

(3) When a variation document is registered under paragraph (2)

(a)the original variation document and the 2 copies shall be
endorsed with a note of its registration; and

(b) the original variation document shall be retained by the
Commissioner, one copy shall be delivered to the employer and
the other copy shall be delivered to the apprentice or his
guardian (if any).

PART V

MISCELLANEOUS

16. (1) Every employer who employs registered apprentices shall
keep or cause to be kept a record in the specified form of the following
particulars in relation to each registered apprentice

(a) his full name and address;

(b) the number of his Hong Kong identity card;

(e) the date of his birth;

(d) the name and address of his guardian (if any);

(e) the date of commencement of his apprenticeship;

the educational standard attained by him at the date of
commencement of his apprenticeship;

(g)any course of instruction attended by him under an
attendance order;

(k)the special qualifications (if any) specified for the purposes of
section 23 of the Ordinance and obtained by him.





(2) In addition to keeping a record under paragraph (1), an
employer shall make or cause to be made-
(a)a report in the specified form on the work performed by
every registered apprentice during each period of 6 months
and such report shall be completed by a responsible person
under whose supervision he has worked during that period;
(b)a record of particulars in the specified form of all overtime
worked by every registered apprentice; and
(c)a record of particulars in the specified form of all absences
of every registered apprentice from work and courses of
instruction under an attendance order, whether by reason
of illness, holidays or otherwise.

(3) If the guardian of the registered apprentice is a party to
the contract of apprenticeship, such guardian shall furnish the
employer with all information in his possession to enable the
employer to comply with paragraph (1).

(4) Any employer who, without reasonable excuse, contravenes
paragraph (1) or (2) shall be guilty of an offence and shall be liable
on conviction to a fine of $2,000.
L.N. 67/76. L.N. 155/80. Citation. Interpretation. L.N. 155/80. Minimum period of apprenticeship. Terms and conditions to be contained in contract of apprenticeship. Period of probation. Probationary period to be part of apprenticeship. Medical examination of apprentices. Hours of work and periods of employment of apprentices. L.N. 155/80. L.N. 155/80. (Cap. 57.) L.N. 155/80. L.N. 155/80. Overtime employment of apprentices. L.N. 155/80. L.N. 155/80. L.N. 155/80. Power to extend limits of overtime employment. Power to prohibit overtime employment. Offences. Register. L.N. 155/80. Mode of registration of contracts of apprenticeship. Mode of registration of variation document. Records to be maintained by employers.

L.N. 67/76. L.N. 155/80. Citation. Interpretation. L.N. 155/80. Minimum period of apprenticeship. Terms and conditions to be contained in contract of apprenticeship. Period of probation. Probationary period to be part of apprenticeship. Medical examination of apprentices. Hours of work and periods of employment of apprentices. L.N. 155/80. L.N. 155/80. (Cap. 57.) L.N. 155/80. L.N. 155/80. Overtime employment of apprentices. L.N. 155/80. L.N. 155/80. L.N. 155/80. Power to extend limits of overtime employment. Power to prohibit overtime employment. Offences. Register. L.N. 155/80. Mode of registration of contracts of apprenticeship. Mode of registration of variation document. Records to be maintained by employers.

https://oelawhk.lib.hku.hk/items/show/2298

1964

v5

47

8