Maine Revised Statutes Title 26 Sec. 3205 – Apprenticeship agreement
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An apprenticeship agreement must contain, explicitly or by reference: [PL 2011, c. 491, §13 (NEW).]
1. Names. The names and signatures of the contracting parties, including the apprentice and the sponsor or employer, and the name and signature of a parent or guardian of the apprentice if the apprentice is a minor;
[PL 2011, c. 491, §13 (NEW).]
Terms Used In Maine Revised Statutes Title 26 Sec. 3205
- Apprentice: means a person who is at least 16 years of age, except when a higher minimum age standard of 18 years of age is otherwise fixed by law or a sponsor, who is employed to learn an apprenticeable occupation that is approved by the department and who is registered with the Maine Apprenticeship Program. See Maine Revised Statutes Title 26 Sec. 3201
- Apprenticeship agreement: means a written agreement between an apprentice and a sponsor or employer that contains the terms and conditions of the employment and training of the apprentice. See Maine Revised Statutes Title 26 Sec. 3201
- Apprenticeship program: means a plan containing all terms and conditions for the qualification, recruitment, selection, employment and training of apprentices, including such matters as the requirement for an apprenticeship agreement, a schedule of work experience outlining the skills to be learned on the job, a schedule of related instruction courses necessary to supplement the on-the-job learning and a schedule of progressively increasing wages to be paid to an apprentice consistent with the skill proficiencies achieved and leading toward a journeyman wage rate. See Maine Revised Statutes Title 26 Sec. 3201
- Department: means the Department of Labor. See Maine Revised Statutes Title 26 Sec. 3201
- Employer: means a person or organization employing an apprentice, whether or not the person or organization is a party to an apprenticeship agreement with the apprentice. See Maine Revised Statutes Title 26 Sec. 3201
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Registration: means registration with the Maine Apprenticeship Program under section 3202. See Maine Revised Statutes Title 26 Sec. 3201
- Registration agency: means the state apprenticeship agency, which is responsible for registering apprenticeship programs and apprentices, providing technical assistance and conducting compliance and quality assurance assessments. See Maine Revised Statutes Title 26 Sec. 3201
- Related instruction: means an organized and systematic form of instruction designed to provide an apprentice with the knowledge of the theoretical and technical subjects related to the apprentice's occupation and given in a classroom, through occupational or industrial courses or by correspondence courses of equivalent value, electronic media or other forms of self-study approved by the department. See Maine Revised Statutes Title 26 Sec. 3201
- Sponsor: means a person, association, apprenticeship committee or organization operating an apprenticeship program and in whose name the apprenticeship program is or is to be registered or approved. See Maine Revised Statutes Title 26 Sec. 3201
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Apprentice. To conform to the federal Equal Employment Opportunity Act of 1972, 42 United States Code, Chapter 21, subchapter VI and for affirmative action compliance in apprenticeship programs, the date of birth, contact information and, on a voluntary basis, the social security number of the apprentice and a request for demographic data, including the apprentice’s race, sex, ethnicity and disability status;
[PL 2021, c. 95, §1 (AMD).]
3. Contact information. Contact information of the sponsor and registration agency;
[PL 2011, c. 491, §13 (NEW).]
4. Occupation; term. A statement of the occupation in which the apprentice is to be trained and the beginning date and term of apprenticeship;
[PL 2011, c. 491, §13 (NEW).]
5. Hours. A statement setting forth:
A. For an apprenticeship program using the time-based approach under section 3203, subsection 1, paragraph B, the number of hours to be spent by the apprentice in on-the-job learning; for an apprenticeship program using the competency-based approach under section 3203, subsection 1, paragraph B, a description of the skill sets to be attained to complete the program, including the on-the-job learning component; and, for an apprenticeship program using the hybrid approach under section 3203, subsection 1, paragraph B, the minimum number of hours to be spent by the apprentice in on-the-job learning and a description of the skill sets to be attained to complete the program; and [PL 2011, c. 491, §13 (NEW).]
B. The number of hours, which must be at least 144 hours per year, to be spent by the apprentice in related instruction; [PL 2011, c. 491, §13 (NEW).]
[PL 2011, c. 491, §13 (NEW).]
6. Schedule. A statement setting forth a schedule of the work processes in the occupation or industry divisions in which the apprentice is to be trained and the approximate time to be spent at each process;
[PL 2011, c. 491, §13 (NEW).]
7. Wages. A statement of the graduated scale of wages to be paid to the apprentice and whether or not the required related instruction is compensated;
[PL 2011, c. 491, §13 (NEW).]
8. Probationary period. Statements providing:
A. For a specific period of probation during which the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the registration agency, without adverse impact on the sponsor; and [PL 2011, c. 491, §13 (NEW).]
B. That, after the probationary period in paragraph A, the apprenticeship agreement may be:
(1) Cancelled at the request of the apprentice; or
(2) Suspended or cancelled by the sponsor, for good cause, with due notice to the apprentice and a reasonable opportunity for corrective action and with written notice to the apprentice and to the department of the final action taken; [PL 2011, c. 491, §13 (NEW).]
[PL 2011, c. 491, §13 (NEW).]
9. Standards. A reference incorporating as part of the agreement the standards of the apprenticeship program as they exist on the date of the agreement and as they may be amended during the period of the agreement;
[PL 2011, c. 491, §13 (NEW).]
10. Equal opportunity. A statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of race, color, religion, national origin, sex, sexual orientation, gender identity, genetic information, disability or age; and
[PL 2021, c. 95, §2 (AMD).]
11. Dispute resolution authority. The name, address, telephone number and e-mail address, if appropriate, of the appropriate authority designated under the apprenticeship program to receive, process and make disposition of controversies or differences arising out of the apprenticeship agreement when the controversies or differences cannot be adjusted between the sponsor and apprentice or resolved in accordance with established procedure or applicable collective bargaining provisions.
[PL 2011, c. 491, §13 (NEW).]
SECTION HISTORY
PL 2011, c. 491, §13 (NEW). PL 2021, c. 95, §§1, 2 (AMD).