N.Y. Comp. Codes R. & Regs. tit. 12 § 601.6

Current through Register Vol. 46, No. 43, October 23, 2024

Section 601.6 - Apprenticeship agreements

Each registered apprentice shall receive from the sponsor a copy of the apprenticeship agreement. The commissioner shall also receive from the sponsor a copy of the apprenticeship agreement as required by section 601.5(c)(16) of this Part. The individual apprenticeship agreement between the sponsor and the apprentice shall contain:

(a) names, complete addresses and signatures of the contracting parties (apprentice, and the sponsor or employer), and the name, address and signature of a parent or guardian if the apprentice is under 18 years of age;

(b) the date of birth of the apprentice;

(c) name and address of the sponsor and the department;

(d) a statement of the trade in which the apprentice is to be trained; the start date of apprenticeship; and the duration -- i.e., the length of a time-based program, or for hybrid and competency-based programs the period of time it would take to complete the program if it were a Time-Based Program;

(e) a statement showing:

(1) the number of hours to be spent by the apprentice working on the job in a time-based program; or a description of the skill sets to be attained by completion of a competency-based program, including the on-the-job learning component; or the minimum number of hours to be spent by the apprentice and a description of the skill sets to be attained by completion of hybrid program;

(2) the number of hours to be spent in related and supplemental instruction in technical subjects related to the trade. For time-based approaches a minimum of 144 hours per year is required. For other approaches, the apprentice must be registered for at least 144 hours of related and supplemental instruction courses but may test out earlier; and

(3) The apprentice probation period, in months;

(f) a statement setting forth a schedule of the work processes in the trade or industry divisions in which the apprentice is to be taught and the approximate time to be spent at each process;

(g) a statement of the graduated scale of wages to be paid the apprentice and whether or not the required school time spent in related and supplemental instruction will be compensated;

(h) a reference incorporating as part of the apprenticeship agreement the standards of the apprenticeship program as it exists on the date of the agreement and as it may be amended during the period of the agreement;

(i) 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, or sex;

(j) a statement that if the sponsor is unable to fulfill his obligations under the apprenticeship agreement, the agreement may, with the consent of the apprentice, be transferred to another sponsor with written notice of the transfer to the commissioner and with full credit for the satisfactory period of the served apprenticeship;

(k) A statement that:

(1) during apprentice probation the apprenticeship agreement may be cancelled by either party to the agreement upon written notice to the department;

(2) after apprentice probation, the agreement may be:

(i) cancelled at the request of the apprentice; or

(ii) suspended or cancelled by the sponsor, for good cause, with reasonable notice to the apprentice, a reasonable opportunity for corrective action, and with written notice to the apprentice and to the department of the final action taken; and

(l) the name and address of the department apprenticeship training office where apprentices, or their representatives, may file requests for review of any controversy that cannot be adjusted locally or in accordance with a collective bargaining agreement.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 601.6