§ 3078. — 3078. (Amended by Stats. 2018, Ch. 704, Sec. 36.)

California § 3078.

• Jurisdiction: California
• Code LAB: Labor Code - LAB
• Div. 3.: DIVISION 3. EMPLOYMENT RELATIONS
• Ch. 4.: CHAPTER 4. Apprenticeship and Preapprenticeship
• Art. 2.: ARTICLE 2. Apprenticeship Programs

Text

Every apprentice agreement entered into under this chapter shall directly, or by reference, contain:
(a)
The names of the contracting parties.
(b)
The date of birth of the apprentice.
(c)
A statement of the trade, craft, or business which the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
(d)
A statement showing the number of hours to be spent by the apprentice in work and the learning objectives to be accomplished through related and supplemental instruction, except as otherwise provided under Section 3074. In no
case shall the combined weekly hours of work and required related and supplemental instruction of the apprentice exceed the maximum number of hours of work prescribed by law for a person of the age of the apprentice.
(e)
A statement setting forth a schedule of the processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process.
(f)
A statement of the graduated scale of wages to be paid the apprentice and whether the required schooltime shall be compensated.
(g)
A statement providing for a period of probation during which time the apprentice agreement may be terminated by the program sponsor at the request in writing of either party, and providing that after the probationary period the apprentice agreement may be terminated by the administrator
by mutual agreement of all parties thereto, or canceled by the administrator for good and sufficient reason. The period of probation shall be reasonable in relation to the full apprenticeship term, with full credit given for such period toward completion of the apprenticeship, and in no event shall exceed the shorter of 25 percent of the length of the program or one year.
(h)
A provision that all controversies or differences concerning the apprentice agreement which cannot be adjusted locally, or which are not covered by collective bargaining agreement, shall be submitted to the administrator for determination as provided for in Section 3081.
(i)
A provision that an employer who is unable to fulfill his or her obligation under the apprentice agreement may, with approval of the administrator, transfer the contract to any other employer if the apprentice consents and the other
employer agrees to assume the obligation of the apprentice agreement.
(j)
Such additional terms and conditions as may be prescribed or approved by the California Apprenticeship Council or by the Chief of the Division of Apprenticeship Standards, in consultation with the Interagency Apprenticeship Advisory Committee, not inconsistent with the provisions of this chapter.
(k)
A clause providing that there shall be no liability on the part of the other contracting party for an injury sustained by an apprentice engaged in schoolwork at a time when the employment of the apprentice has been temporarily or permanently terminated.

Legislative History

Amended by Stats. 2018, Ch. 704, Sec. 36. (AB 235) Effective September 22, 2018.