apprentice


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Apprentice

A person who agrees to work for a specified time in order to learn a trade, craft, or profession in which the employer, traditionally called the master, assents to instruct him or her.

Both minors and adults can be legally obligated under the terms of an apprenticeship contract, and any person who has the capacity to manage his or her own affairs may engage an apprentice. In some states, a minor may void a contract of apprenticeship, but in cases where the contract is beneficial to the minor, other jurisdictions do not permit the minor to void it. There must be strict compliance with statutes that govern a minor's actions concerning an apprenticeship.

An apprenticeship must arise from an agreement, sometimes labeled an Indenture, which possesses all the requisites of a valid contract. If the contract cannot be performed within a year, it must be in writing, in order to satisfy the Statute of Frauds, an old English Law adopted in the United States, which requires certain agreements to be in writing. The apprentice, the employer, and, if the apprentice is a minor, his or her parents or guardians must sign the apprenticeship agreement. Some jurisdictions require explicit consensual language in addition to the signature or signatures of one or both parents, depending upon the applicable statute. The contract must include the provisions required by law and drafted for the benefit of the minor such as those relating to his or her education and training. A breach of apprenticeship contract might justify an award of damages, and, unless authorized by statute, there can be no assignment, or transfer, of the contract of apprenticeship to another that would bind the apprentice to a new service.

A person who lures an apprentice from his or her employer may be sued by the employer, but the employer cannot recover unless the defendant knew of the apprentice relationship.The apprenticeship may be concluded by either party for good cause, where no definite term of service is specified, by mutual consent, or by a dismissal of the apprentice. Automatic termination ensues from the expiration of the term of service, involuntary removal of the apprentice from the jurisdiction where he or she was bound, or service in the armed forces even though voluntary and without the consent of the employer. The death of either party terminates the relationship, as does the attainment of the age of majority by the apprentice, in most instances. Courts may terminate such contracts when they violate statutes. The master's cruelty, immorality, interference with the apprentice's religious beliefs or duties, or other misconduct and the misbehavior of the apprentice also constitute grounds for termination.

apprentice

noun beginner, learner, novice, novitiate, probationer, worker
See also: amateur, assistant, coadjutant, disciple, employee, neophyte, novice, probationer, protégé

apprentice

a person bound under an apprenticeship, a special and ancient contract binding the apprentice to serve and learn and the master to instruct. The deed recording the contract is sometimes called an indenture.

APPRENTICE, person, contracts. A person bound in due form of law to a master, to learn from him his art, trade or business, and to serve him during the time of his apprenticeship. (q.v.) 1 Bl. Com. 426; 2 Kent, Com. 211; 3 Rawle, Rep. 307; Chit. on Ap. 4 T. R. 735; Bouv. Inst. Index, h.t.
     2. Formerly the name of apprentice en la ley was given indiscriminately to all students of law. In the reign of Edward IV. they were sometimes called apprentice ad barras. And in some of the ancient law writers, the term apprentice and barrister are synonymous. 2 Inst. 214; Eunom. Dial, 2, Sec. 53, p. 155.

References in classic literature ?
It is fortunate for you, although your name is Bernajoux, to have only to deal with an apprentice Musketeer.
He rose at break of day, as he had once before done when he was in fear of Jacob, and took all gentle means to rouse this fatal brother from his deep sleep; he dared not be loud, because his apprentice was in the house, and would report everything.
Peter Hovenden's opinion of his apprentice has already been expressed.
Archer, who was not in the mood for the kind of talk they were likely to get there, declined on the plea that he had work to do at home; and Winsett said: "Oh, well so have I for that matter, and I'll be the Industrious Apprentice too.
I have been," proceeds the visitor in a modest, clear way, "an apprentice and a workman.
In despair, I became an apprentice of the woodcutters, but I was not strong enough; I had more of an inclination to become a schoolmaster; 'tis true that I did not know how to read, but that's no reason.
In other respects his costume was plain, and his hair evenly cut enough for customers, who were not close observers, to take him for a mere tailor's apprentice, perched behind the board, and carefully stitching cloth or velvet.
The moment was at the close of a summer's day just before supper, which, in our house, we had lawlessly late, and the place was the kitchen where my mother was going about her work, and listening as she could to what my father was telling my brother and me and an apprentice of ours, who was like a brother to us both, of a book that he had once read.
With his wife, his only child Phlipote, and Claude his apprentice, who was to marry Phlipote, he occupied a good house of his own.
Another fraction of an inch, O-Tar, and I-Gos' ancient and wrinkled covering were even now in some apprentice tanner's hands, ey, ey
Jim was a plumber's apprentice whose weak chin and hedonistic temperament, coupled with a certain nervous stupidity, promised to take him nowhere in the race for bread and butter.
Now seals are too wise," Collins explained one day, in a sort of extempore lecture to several of his apprentice trainers.