| 1) |
The provisions of subsections (2) and (3) shall, with effect from the date on which any trade is designated or deemed to have been designated in terms of the provisions of section 13(1)(a), be applicable in respect of any minor, excluding a trainee, employed in such a trade within the area specified as contemplated in the said section. |
| 2) |
No person shall keep such a minor in his employ - |
| a) |
for any period which - |
| i) |
either in itself or together with any other period or periods during which the minor has previously been in his employ in that trade and within that area, is more than four months; or |
| ii) |
together with the total period during which the minor has previously been employed in that trade and within that area by other persons or by other persons and himself, is more than six months, |
unless a contract of apprenticeship has been entered into in accordance with this Act and with the conditions of apprenticeship applicable to that trade in the area in which the minor is employed, and in the form determined by the training board in question, and has been lodged with the training committee in question for registration: Provided that employment prior to the date of the designation shall not be included in determining any period of employment referred to in this paragraph;
| b) |
if the training board in question has refused to register a contract of apprenticeship entered into between that person and the minor. |
| a) |
If at the time of the designation the minor is employed under a written contract of apprenticeship entered into prior to the publication, in terms of section 13(1) or (3), of the notice relating to such designation, the employer shall, within three months after the designation, in the form determined by the training board in question, lodge the contract with the training committee in question for registration. |
| b) |
The training board in question shall register any contract lodged under paragraph (a), but the provisions of this Act, other than the provisions of paragraph (a) , shall not apply in respect of the contract or of the minor concerned while he is employed under the contract. |
| c) |
If the minor has without a written contract of apprenticeship been employed in that trade continuously during a period of not less than twelve months immediately prior to the publication, in terms of section 13(1) or (3), of the notice relating to the designation, and enters, within two months after the date of the designation, into such a contract with his employer in accordance with the provisions of this Act and the conditions of apprenticeship applicable to that trade in the area in which he is employed, and in the form determined by the training board in question, the employer shall, within one month after the date upon which it was entered into, lodge the contract with the training committee in question for registration. |
| d) |
The training board concerned shall register any contract lodged under paragraph (c), and the prospective apprentice may be exempted in the discretion of the training board from any module or modules or any part thereof completed by him during the period he was employed without a written contract of apprenticeship. |
| 4) |
The provisions of subsections (2) and (3) shall not apply in respect of - |
| a) |
any minor who has completed the relevant training in the trade in question under a contract of apprenticeship registered or deemed to be registered under this Act; or |
| b) |
any minor employed, in an area declared by the Minister by notice in the Gazette, after consultation with the board, to be an area for the purposes of this paragraph, in any industry or designated trade so declared by the Minister to be an industry or a trade for the said purposes: Provided that no contract of apprenticeship in a designated trade in that industry, or in that designated trade, shall be binding in the area so declared unless it has been entered into in accordance with this Act and with the conditions of apprenticeship applicable to that trade in the area in question, and in the form determined by the training board in question, and has been registered under section 18. |
| 5) |
The Minister may in the same manner amend or withdraw any notice published in terms of subsection (4)(b). |
Protection of Businesses Act, 1978
