In this briefing, we focus on the reflection contracts in England under ASCLA 2009, the rights they confer and the risks and benefits associated with them. 86 „Can the apprenticeship contract be combined with the declaration of commitment?” No, employers and/or training providers should not include these two documents. The apprenticeship contract exists only between the employer and the apprentice. At the end of the day, the employer is responsible for the training contract, whereas the training provider should get a copy. The ESFA can only fund apprentices who have an apprenticeship contract and, without seeing a copy of that document, we cannot be sure that there is an agreement and that apprenticeship funding is being used legally. The Declaration of Commitment is a tripartite agreement between the training provider, the employer and the apprentice. Ultimately, it is the training provider who is responsible for implementing the declaration of commitment, because it is primarily the content of the program, which the training provider can better document and articulate with the other parties. However, the employer and the apprentice should play an active role in agreeing to the declaration of commitment. On 1 October 2010, a national minimum wage (NMW) was introduced for apprentices. The NMW applies to all apprentices under the age of 19 and to those aged 19 and over in their first year of apprenticeship.
The price (valid from October 1, 2012) is currently $2.65 per hour. Apprentices over the age of 19 who have completed one year of training are entitled to the age-appropriate NMW. These rates apply to working time plus training that is part of learning. An apprenticeship contract under ASCLA 2009 is an agreement between an employer and an apprentice under which the apprentice works for the employer. It should be treated specifically as a single performance contract and not as an apprenticeship contract. The requirement for an apprenticeship contract under ASCLA 2009 came into effect on April 6, 2012. Apprenticeship contracts have the same status as service contracts, apprentices employed in apprenticeship contracts may be dismissed in the same way as ordinary workers. It should be noted, however, that employers have only a limited right of dismissal vis-à-vis apprentices employed under traditional common law contracts and that, in the event of improper termination of an apprenticeship contract, the assessment of damages is subject to different principles, which include wage losses, loss of training and loss of status. The harm caused by a breach of an apprenticeship framework contract is therefore potentially much greater than the harm caused by a breach of an apprenticeship contract considered a service contract.