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

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 periodicals archive ?
Mr Prentice told the court that Rooney's victim had a history of heart problems - he undergone surgery in 2016 and had suffered a series of mini strokes.
Mr Prentice served as an apprentice bookbinder after leaving Portobello School but was called up for war service in 1941.
To learn more about Prentice and the women behind its inception, please contact:
Prentice said he had been travelling "well in excess" of the speed limit and there was nothing obscuring his view, and no reason for him not to see Abbie just before the collision.
A native of the US Virgin Islands, Prentice started out as an apprentice in 2015 and recorded 56 career wins in 2,580 starts, with his last victory coming on Easy Doer at Indiana Grand on May 18.
Prentice, 46, bought the gun at a specialist shop and used it for target practice.
At the celebratory evening on Friday night, the second highest goalscorer in Everton's history, current club ambassador Graeme Sharp, became only the second man to receive the prestigious Dixie Dean memorial Award from ECHO Head of Sport David Prentice.
In a simultaneous transaction, Ken and Ginger Harrison welcomed a group of local investors, including Arnie Prentice, as new partners to the continuing operations of the Abeja winery business.
Football journalist Tony Evans (left) and his book Two Tribes, with the Echo's David Prentice. (Pic Andrew Teebay).
Prentice replied the government needs to "develop a timeline with concrete goals" in any plan on the future of winter roads.
The car's driver, Benjamin Prentice, was fined PS140 after admitting a public order offence in connection with the row on July 18.