apprenticeship

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APPRENTICESHIP, contracts. A contract entered into between a person who understands some art, trade or business, and called the master, and another person commonly a minor, during his or her minority, who is called the apprentice, with the consent of his or her parent or next friend by which the former undertakes to teach such minor his art, trade or business, and to fulfill such other covenants as may be agreed upon; and the latter agrees to serve the master during a definite period of time, in such art, trade or business. In a common indenture of apprenticeship, the father is bound for the performance of the covenants by the son. Daug. 500.
     2. The term during which the apprentice is to serve is also called his apprenticeship. Pardessus, )Dr. Com. n. 34.
     3. This contract is generally entered into by indenture or deed, and is to continue no longer than the minority of the apprentice. The English statute law as to binding out minors as apprentices to learn some useful art,. trade or business, has been generally adopted in the United States, with some variations which cannot, be noticed here. 2 Kent, Com. 212.
     4. The principal duties of the parties are as follows: 1st, Duties of the master. He is bound to instruct the apprentice by teaching him, bona fide, the knowledge of the art of which he has undertaken to teach him the elements. He ought to, watch over the conduct of the apprentice, giving him prudent advice and showing him a good example, and fulfilling towards him the duties of a father, as in his character of master, he stands in loco parentis. He is also required to fulfill all the covenants he has entered into by the indenture. He must not abuse his authority, either by bad treatment, or by employing his apprentice in menial employments, wholly unconnected with the business he has to learn. He cannot dismiss his apprentice except by application to a competent tribunal, upon whose, decree the indenture may be cancelled. But an infant apprentice is not capable in law of consenting to his own discharge. 1 Burr. 501. Nor can the justices, according to some authorities, order money to be returned on the discharge of an apprentice. Strange, 69 Contra, Salk. 67, 68, 490; 11 Mod. 110 12 Mod. 498, 553. After the apprenticeship is at an end, he cannot retain the apprentice on the ground that he has not fulfilled his contract, unless specially authorized by statute.
     5.-2d. Duties of the apprentice. An apprentice is bound to obey his master in all his lawful commands, take care of his property, and promote his interest, endeavor to learn his trade or business, and perform all the covenants in his indenture not contrary to law. He must not leave his master's service during the term of the apprenticeship. The apprentice is entitled to payment for extraordinary services, when promised by the master; 1 Penn. Law Jour. 368. See 1 Whart. 113; and even when no express promise has been made, under peculiar circumstances. 2 Cranch, 240, 270; 3 Rob. Ad. Rep. 237; but see 1 Whart, 113. See generally, 2 Kent, Com. 211-214; Bac. Ab. Master and Servant; 1 Saund. R. 313, n. 1, 2, 3, and 4; 3 Rawle, R. 307 3 Vin. Ab. 19; 1 Bouv. Inst. n. 396, et seq. The law of France on this subject is strikingly similar to our own. Pardessus, Droit Com. n. 518-522.
     6. Apprenticeship is a relation which cannot be assigned at the common law 5 Bin. 428 4 T. R. 373; Doug. 70 3 Keble, 519; 12 Mod. 554; although the apprentice may work with a second master by order and consent of the first, which is a service to the first under the indenture. 4 T. R. 373. But, in Pennsylvania and some other states the assignment of indentures of apprenticeship is authorized by statute. 1 Serg. & R. 249; 3 Serg. & R. 161, 164, 166.

References in periodicals archive ?
In order to improve a competitive and performance-based sector in apprenticeship in the kingdom, it is necessary to implement the German dual apprenticeship system.
Reform of the apprenticeship system is vital, otherwise the relevance and status of apprenticeships will suffer and more employers will not get involved.
One example is the National IT Apprenticeship System (NITAS).
We need opportunities throughout the country, including in rural areas where schools, further education and manufacturing businesses, in particular, need to be coherently linked through an apprenticeship system.
Skills Secretary John Denham has talked up the package as a rescue aid for Britain's apprenticeship system and said it would position apprenticeships as "a mainstream option for all young people and adults in England".
While there were many faults with the old apprenticeship system, I was told by a leading industrialist over 20 years ago that if Parliament brought UK training laws into line with the rest of the EEC (where training contracts are legally-binding) then employers would create at least 50,000 real training places per year.
In the past, such youngsters were often able, through the apprenticeship system and in other ways, to climb to highly regarded (and well rewarded) positions.
The Ontario Training and Adjustment Board (OTAB) would be an independent institution with authority to make major program and funding dicisions on workplace traning, for guiding labor market research and for revamping the province's apprenticeship system.
Publishing the response to The Future of Apprenticeships in England: Funding Reform Technical Consultation, the government outlined its continuing commitment to making England s apprenticeship system the best in the world.
This will mean that our apprenticeship system will respond better to the needs of the modern economy.