1. This contract is valid from start date until the last day of completion of the Apprenticeship programme for all apprentices from your company.
2. Employer is committed to and aware of the Apprenticeship programme for the named individual(s) in the Appendix 2.
3. Apprentice will be provided with an offer letter and a contract of employment and treated equally on the par with other employees.
4. 2. Employer is committed to pay apprenticeship minimum wage. This rate applies to all apprentices under age 19 and any apprentice, regardless of age, in first year of apprenticeship. Employer may commit to a higher rate in the case of existing staff and this will be set within the employees contract.
5. Apprentice is subject to employment law regulations; however employer is not obliged to employ the Apprentice upon completion of their Apprenticeship.
6. Employment and HR matters between employer and the Apprentice are governed by employer’s normal rules and procedures and are between the Employer and the Apprentice.
7. Employer will provide the Apprentice with full induction upon the start. The content of the induction programme will vary according to the employer’s requirements. However, by the end of the induction programme, every apprentice must:
a. Understand and be trained in the organisation’s health and safety policies and procedures (including fire, accident and emergency)
b. Have an awareness and understanding of equal opportunities and anti-discriminatory issues
c. Understand their own and the organisation’s responsibilities, including the procedure for making a complaint
d. Have an overview of the organisation’s business, the sector within which it operates, its structure, personnel and terms and conditions
e. Be familiar with the physical working environment
f. Be introduced to the key people who will be involved in their training, assessment and supervision
g. Have an awareness and understanding of the organisation’s policies, procedures and values
h. Understand the purpose and requirements of apprenticeship, including training and assessment and key skills.
i. Understand and have agreed their Individual Apprenticeship/Learning Plan and contract of employment which will be signed by the apprentice, employer, provider
j. Understand and have agreed and signed their Training Agreement
Learning on and off the job
8. Employer will provide the Apprentice with opportunities to learn on the job.
9. 20% of the apprentices working hours will be spent undertaking off the job learning. Off-the-job learning is defined as learning which takes place within the workplace, but away from the normal day to day work responsibilities, for example, time spent writing up assignments, job shadowing, online learning
10. Where necessary to achieve the apprenticeship, time will be allowed for the completion of Functional Skills English and Maths and the end point assessment within normal working hours
11. Ensure that no Apprentice aged less than 18 year old is left working alone/unsupervised.
Health and Safety
12. Ensure that Apprentice is working in a safe environment.
13. There is an up to date Health and Safety policy and relevant procedures in place to ensure Health and Safety.
14. Health and Safety policy and procedures are taking into the account young people.
15. Apprentice will receive full induction and training with regards to Health and Safety related matters.
16. Employer agrees to be a subject to Health and Safety assessment carried out by Learning and Development Bureau and to implement the action points deriving from the assessment.
17. Learning and Development Bureau reserves the right to remove the Apprentice from employers premises and notify the authorities where employer is found non-compliant with applicable Health and Safety regulations and the Apprentice is considered to be in danger.
18. There are relevant insurances in place such as and minimum of Employer Liability and Public Liability. The policies take into account young people where a person under age of 18 is being employed. Learning and Development Bureau will contact you via your preferred method stated on the organisational needs analysis to obtain up to date insurance details.
19. The employer will inform Learning and Development Bureau immediately of any Apprentice being involved in the occurrence which under the RIDDOR Regulations has to be reported to the Health and Safety Executive.
20. Where a person has been absent from the elements of the training programme provided by the employer as a result of his/her suffering personal injury or developing a disease in consequence of attendance on the programme, the employer shall immediately notify Learning and Development Bureau.
21. Employer would have an open recruitment of Apprentices to the programme, which is available to all young people, regardless of gender, ethnic origin, religion or disability who meet the stated selection criteria.
22. The Apprentice(s) are not discriminated against directly or indirectly within a company because of their Apprenticeship status and are treated equally and on the par with other members of staff within the employer’s organisation.
23. Employer has a compliant Equal Opportunity policy in place as part of the normal HR and Employment Law set of procedures and
24. There is a Safeguarding policy in place applicable to young people and vulnerable adults. The employer is responsible for the safety and wellbeing of the Apprentice in their employment.
25. If the employer is not able to continue with the apprenticeship, either through redundancy or where the relationship between the apprentice and the employer has broken down, the employer’s terms and conditions of employment will apply.
26. This Agreement shall be construed in accordance with the laws of England & Wales and all disputes, claims or proceedings between the parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the Courts of England & Wales.
27. If any provision or term of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the parties of this Agreement such terms or provisions shall be divisible from this Agreement and shall be deemed to be deleted from this Agreement and the remainder of the provisions shall continue in full force and effect provided always that if any such deletion substantially affects or alters the commercial basis of this Agreement the parties shall negotiate in good faith to amend the modify the provisions and terms of this Agreement as necessary or desirable in the circumstances.
28. This Agreement contains the entire agreement between the parties and supersedes and replaces all previous agreements and understandings between the parties. Each party acknowledges that, in entering into this Agreement, it is not relying on any representation, warranty, pre-contractual statement or other provision except as expressly provided in this Agreement. Without limiting the generality of the foregoing, neither party shall have any remedy in respect of any untrue statement made to him upon which he may have relied in entering into the Agreement, and a party’s only remedy is for breach of contract. However, nothing in this Agreement purports to exclude liability for any fraudulent statement or act.
29. Any variations to this contract or Schedule will be notified in writing by Learning and Development Bureau Ltd
30. Since May 2017, government has introduced the levy and non-levy apprenticeship programme.
31. Levy Company: If your organisation has a wage bill of £3m+ a year, these courses can be funded through your Apprenticeship Levy pot. You don’t need to pay us any contribution.
32. Non Levy Company: For smaller organisations, with wage bill of less than £3m+ a year, the government contributes 95% funding and your company will pay 5% employer contribution for each staff on the programme. For example, the cost for the Level 2 Adult Care Worker is £3,000. Government will pay only £2850 and you will pay £150 employer contribution agreement for each staff.
33. If you are a levy payer that has spent all fund in your levy pot, you will be converted to a non-levy for the purpose of funding the remaining learners.
34. By signing this agreement, you have agreed to the funding rules as set out in sections 30, 31, 32, and 33 above.