| Article :
51 |
| |
The apprenticeship
contract is one in which a manager of an
industrial or commercial establishment,
an artisan or craftsman agrees to provide
or is entrusted with complete, methodical
and professional training to another person
who contracts, in return, to work for him
as an apprentice under the conditions and
for a time period that have been agreed
upon. This time period cannot exceed two
years. |
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| Article :
52 |
| |
The apprenticeship
contract must be in form of writing by not
Arial deed for by private agreements within
a fortnight of its implementation, otherwise
it is considered null. |
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| Article :
53 |
| |
An apprenticeship
contract shall be made up according to customary
practices of a profession if there are no
rules established by the labour Inspectorate,
with consent of representatives of the profession
taught.
The apprenticeship contract must contain:
1. The last name, first name, age, profession
and address of the instructor.
2. The last name, first name and address
of the apprentice.
3. The last name, first name, profession
and address of the apprentice’s parents
or guardian or a person authorized by this
parents.
4. The dates and duration of the contract,
as well as the trade for which the apprentice
is trained.
5. The conditions for the apprentice’s
remuneration and, if applicable, all benefits
in kind: food, accommodation or any other
items agreed between both parties.
6. The skill area that manager of the enterprise
is contracted to teach the apprentice.
7. Indemnity to be paid in case of termination
of the contract.
8. The main obligations of the instructor
and the apprentice.
The apprenticeship contract must be signed
by the instructor and the apprentice. In
case that the apprentice is a minor, the
contract can be signed by his legal representative
and the instructor. The Labour Inspector
shall review, countersign and register the
apprenticeship contract.
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SECTION
II
TERMS OF APPRENTICESHIP CONTRACT |
| |
| Article :
54 |
| |
No one can
be an instructor undertaken an apprenticeship
if he is less than twenty-one years of age,
and cannot justify having practiced, for
at least two years, the profession to be
taught as a technician, craftsman or skilled
worker.
The period of practice of his profession
can be reduced to one year, if the instructor
has a diploma in theoretical and practical
training from a recognized school or specialized
training center.
|
|
| Article :
55 |
| |
No employer,
instructor in charge of and apprenticeship
can live in the same house with female minor
apprentices.
The capacity as an apprenticeship instructor
or a person in charge of apprenticeship
is disqualified for:
1. Individuals who have been convicted
of a crime.
2. Individuals who have been guilty of
behaving against the local traditional customs.
3. Individuals who have been imprisoned
for stealing, fraud misappropriation and
corruption.
|
|
| Article :
56 |
| |
A Prakas of
the Ministry in charge of Labour shall determine
the occupation and types of work for which
teenagers aged at least eighteen years are
allowed to be an apprentice.
Once his vocational skill training is
adequate, the apprentice is no longer treated
as an apprentice but as a worker hereafter.
|
|
| Article :
57 |
| |
Any enterprise
employing more than sixty workers must have
the number of apprentices equal to one-tenth
of the number of the workers in service
of that enterprise.
The maximum number of apprentices employed
in an enterprise, regardless of the total
number of workers, shall be determined by
a Prakas of the Ministry in charge of Labour
in accordance with the possible availability
of personnel and materials.
Derogation of the obligation stated in
the first paragraph of this article can
be endorsed by a decision of the Labour
Inspector for enterprise that have requested
to pay an apprenticeship tax whose amount
and method of payment shall be set by a
Prakas of the Ministry in charge of Labour.
|
|
|
SECTION
III
DUTIES OF INSTRUCTORS AND APPRENTICES |
| |
| Article :
58 |
| |
The instructor
shall behave in loco parents towards the apprentice,
that is watch over his conduct and manners,
either at home or outside, and inform his
parents or their representative of any serious
offenses committed by the apprentice or any
incorrect propensity manifested. Moreover,
the instructor must also inform the apprentice’s
parents, without delay, in case of illness,
absence or any other problem, for their intervention.
The instructor shall not employ an apprentice
for an overwork or for any work or service
other than those related to the exercise
of the apprentice’s profession.
|
|
| Article :
59 |
| |
The instructor
must progressively and completely teach the
apprentice the occupation that is the subject
of the contract, and where applicable, provide
him with every facility or opportunity in
the event of the apprentice wishing to take
a course in a vocation training school.
At the of the apprenticeship, a certificate
attesting the execution of the contract
by both parties and the professional skill
of the apprentice shall be awarded after
an official examination conducted by a neutral
exam panel.
|
|
| Article :
60 |
| |
The apprentice
shall obey and respect his instructor within
the context of apprenticeship. He must assist
the instructor in his work to the best of
his ability. He shall keep the professional
confidentiality.
|
|
| Article :
61 |
| |
Any person
who is convinced of having incited an apprentice
to break his contract shall be liable to
an indemnity in favor of the manager of
the manager of the establishment or of the
workshop that the apprentice has abandoned.
The indemnity must, in no case, not exceed
the amount of actual damage suffered by
the former employer.
Any new apprenticeship contract made before
the fulfillment of all the obligations or
termination of the preceding contract shall
be null and void.
|
|
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SECTION
IV
MONITORING OF APPRENTICESHIP |
| |
| Article :
62 |
| |
A system for
monitoring the apprenticeship, such as determining
programs by trade, supervision during the
apprenticeship, final examination, methods
for setting up examination panel, etc.,
shall be determined by a Prakas of the Ministry
in charge of Labour.
The Prakas of the Ministry in charge of
Labour shall also clearly determine the
regulations regarding the duration of the
apprenticeship, including the trial period,
according to the level of professional skill
and technical and conceptual knowledge,
as well as all the apprentice’s previous
training and experience or professional
progress made during the course of the apprenticeship.
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SECTION
V
TERMINATION OF APPRENTICESHIP CONTRACT |
| |
| Article :
63 |
| |
The apprenticeship
contract is terminated lawfully:
1. By the death of the instructor or the
apprentice.
2. If the apprentice or the instructor
is obliged to serve in the army.
3. If the instructor or the apprentice
is imprisoned for a felony or misdemeanor.
4. By the closure of workshop or enterprise,
specified in the above articles.
|
|
| Article :
64 |
| |
An apprenticeship
contract may be terminated at the request
of one or both parties, particularly in the
following cases:
1. In case either party does not comply
with the stipulations of the contract.
2. In case of serious or regular violation
of the provisions in the chapter.
3. In case the apprentice obstinately does
not respect international regulations.
4. If the instructor moves his residence
his residence to Sangkat (section) or Khum
(commune) other than the one in which he
lived at the signing of the contract. Nevertheless,
a request for termination of contract for
his reason is acceptable only with three
months following the day when the instructor
moved.
Either party considered to be damaged by
the unjustifiable termination of an apprenticeship contract, can demand for
a compensation from the other party.
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