86 “Can the apprenticeship contract be combined with the declaration of commitment?” No, employers and/or training providers should not include these two documents. The apprenticeship contract exists only between the employer and the apprentice. At the end of the day, the employer is responsible for the training contract, whereas the training provider should get a copy. The ESFA can only fund apprentices who have an apprenticeship contract and, without seeing a copy of that document, we cannot be sure that there is an agreement and that apprenticeship funding is being used legally. The Declaration of Commitment is a tripartite agreement between the training provider, the employer and the apprentice. Ultimately, it is the training provider who is responsible for implementing the declaration of commitment, because it is primarily the content of the program, which the training provider can better document and articulate with the other parties. However, the employer and the apprentice should play an active role in agreeing to the declaration of commitment. The standard conditions provide that the apprentice has entered into an apprenticeship contract for a recognized learning framework. The UK has more than 240 training frameworks for various sectors, including Skills for Health( the health professions), the leading sector of people (the hotel, leisure, travel and tourism sector) and e-Skills UK (the economics and information technology sector). The apprentice must also have completed training for the qualification defined under the framework and must meet all other apprenticeship requirements for obtaining an apprenticeship certificate. Apprenticeship is a work-based training program, conducted in collaboration with the SIN, based on the needs of employers and leading to state-recognized qualifications.
Trainees work with experienced staff to acquire specific skills, while earning a salary and studying for a qualification. Since 2011, apprentices can be recruited under a traditional apprenticeship contract or apprenticeship contract under ASCLA 2009. These two arrangements can be structured as a modern tripartite apprenticeship between the employer, the apprentice and third-party training providers. While apprentices enjoy “worker status” both in apprenticeship contracts and apprenticeship contracts, apprentices employed in traditional collective agreements enjoy some enhanced protection against dismissal. For example, they cannot be dismissed for dismissal unless the employer`s activities are completely closed. Indeed, the case law has established that the main purpose of an apprenticeship contract is to train the apprentice and not work for the employer, which is secondary. Apprenticeship contracts have the same status as service contracts, apprentices employed in apprenticeship contracts may be dismissed in the same way as ordinary workers. It should be noted, however, that employers have only a limited right of dismissal vis-à-vis apprentices employed under traditional common law contracts and that, in the event of improper termination of an apprenticeship contract, the assessment of damages is subject to different principles, which include wage losses, loss of training and loss of status. The harm caused by a breach of an apprenticeship framework contract is therefore potentially much greater than the harm caused by a breach of an apprenticeship contract considered a service contract. Apprenticeships, Skills, Children and Learning 2009 (ASCLA 2009) came into effect on April 6, 2011. This was the first comprehensive revision of the Apprenticeship Act in nearly 200 years and created a new legal framework for the creation of modern apprenticeship training.