Manpower Training Act, 1981 (Act No. 56 of 1981)Chapter 2 : Registrar of Manpower Training, Training Boards, Training of Apprentices and Attainment of Artisan Status22. Transfer of apprentices and of contracts of apprenticeship |
| 1) | An employer may send or transfer an apprentice from one place to another in the course of the ordinary practising of the trade in question by such apprentice, but shall not without the prior consent of the training board concerned so send or transfer an apprentice - |
| a) | if it would not be reasonably convenient for such apprentice to travel daily to and from his normal place of residence or to comply with any condition of apprenticeship prescribed in terms of section 13(2)(d), (e) or (f) and which is applicable to him; or |
| b) | from the area of jurisdiction of one training committee to the area of jurisdiction of another training committee. |
| 2) | The rights and obligations of an employer under any contract of apprenticeship may, with the prior consent of the training board concerned, be transferred to another employer, but no such transfer shall be complete until it has been registered by that training board. |
| 3) |
| a) | The training board may in its discretion grant or withhold its consent referred to in subsection (1) or (2), and may when granting its consent referred to in subsection (1), impose such conditions as it may deem necessary. |
| b) | The training board shall not grant its consent referred to in subsection (1)(b) or (2) unless - |
| i) | it is satisfied that all parties to the contract of apprenticeship have agreed to the proposed action; and |
| ii) | it has consulted the training committees in question. |
| 4) | If an apprentice is transferred in terms of this section from the area of jurisdiction of one training committee to the area of jurisdiction of another training committee, any conditions of apprenticeship applicable in respect of the trade in question within the last-mentioned area of jurisdiction shall, with effect from the date of the transfer, apply in respect of the apprentice and any such conditions applicable to him in the first-mentioned area of jurisdiction shall as from such date cease to be so applicable. |
| 5) |
| a) | If any person is apprenticed to a partnership, his contract of apprenticeship shall not be terminated by reason of the death or retirement of any partner if the business of the partnership is continued by another person or partnership, but the rights and obligations of the employer under the contract shall in such case be deemed to be transferred to the person or partnership continuing the business. |
| b) | The person or partnership, referred to in paragraph (a), continuing the business, shall in the prescribed manner and within one month of the date of such death or retirement, lodge the contract with the training committee in question for registration of the transfer. |
| 6) | The provisions of this section shall not apply in respect of apprentices employed by the State. |