Cap. 47activeordinance

Apprenticeship Ordinance

學徒制度條例

Full legislation

s.14

Attendance of courses by apprentices

(1)
Where in the opinion of the Director a suitable course of instruction at a
                technical institution is available for any registered apprentice and the apprentice
                should attend such course, the Director may make an attendance order in the
                specified form requiring the apprentice to attend the course whether the course is
                during his normal hours of employment or otherwise.
(Amended
13 of 1982
s . 11)
(2)
An attendance order
shall—
(a)
specify the technical institution concerned, the name and nature of the
                    course of instruction and the number of hours per week the apprentice is
                    required to attend the course; and
(b)
be served on the employer and the apprentice, and a copy of it shall be
                    sent to the technical institution concerned.
(3)
If an attendance order requires an apprentice to attend a course of instruction
                during his normal hours of employment, the employer shall permit the apprentice to
                attend the course and the time spent at the course shall be deemed to be time spent
                at work in the employment of the employer.
(4)
If any fees are required to be paid in respect of a course of instruction, and
                any examinations or tests incidental to such course, which an apprentice is required
                to attend under an attendance order, such fees shall, subject to subsection (5), be
                paid by the employer.
(5)
An employer may require an apprentice or his guardian (if any) to pay any fees
                which are required to be paid in respect of a specified course of instruction, and
                any examinations or tests incidental to such course, which an apprentice is required
                to repeat by reason of his failure to satisfactorily complete the course or to pass
                any examination or test held in
                connexion
                with the course.
(6)
Where during the continuance of an attendance order the employer on whom the
                attendance order was served under subsection (2) ceases to be the employer by virtue
                of
section 24
,
25
,
26
or
27
, the
                Director
shall—
(Amended
13 of 1982 s. 11
)
(a)
serve on the new employer a copy of the attendance order and this section
                    shall bind the new employer as if he were the original employer; and
(b)
notify the technical institution concerned of the name and address of the
                    new employer.
(7)
Any employer who fails to permit an apprentice to comply with an attendance
                order shall be guilty of an offence and shall be liable on conviction to a fine at
                level 1 and, commencing with the day following the date of conviction for the
                offence, to a further fine of $200 for every day during which the offence continues
                during the continuance of the attendance order.
(Amended
E.R. 1 of
                2013
)