Code of Massachusetts Regulations
454 CMR - DEPARTMENT OF LABOR STANDARDS
Title 454 CMR 26.00 - Apprentice Standards
Section 26.06 - Registration of Apprentice Agreements

Universal Citation: 454 MA Code of Regs 454.26

Current through Register 1518, March 29, 2024

(1) All apprentices participating in an apprentice program must execute an apprentice agreement with the apprentice program sponsor.

(2) No apprentice agreement shall be effective until it is submitted to, and approved by, the Deputy Director.

(3) No apprentice program sponsor may submit for registration an apprentice agreement if, at the time that the apprentice agreement is submitted to the Division, the sponsor has reason to believe that the apprentice who executed the agreement will not be provided full time employment for the entire period of time required to complete the program.

(4) The apprentice agreement shall contain the following terms, conditions, and information:

(a) The names and signatures of the contracting parties;

(b) If the apprentice is a minor, the name and signature of the apprentice's parent or guardian;

(c) The apprentice's name, address, date of birth, and, on a voluntary basis, social security number;

(d) The name and address of the apprentice program sponsor and the Division;

(e) The name of the trade or craft in which the apprentice is to be trained;

(f) The date on which the apprentice's participation in the program is to commence and the term of apprenticeship;

(g) A statement showing:
1.The number of hours to be spent by the apprentice in work 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; and

2.The number of hours per year of instruction in technical subjects related to the occupation that the apprentice will receive, which is recommended to be 150 hours per year, and whether the apprentice will be responsible for paying any or all of the costs of related instruction.

3.The total number of hours of hands-on training required of the apprentice for completion of a time-based program;

4.A description of the work processes in which the apprentice will work and an approximation of the proportion of time to be spent in each major process;

5.A statement of the graduated scale of wages to be paid to the apprentice as described in 454 CMR 26.04;

6.A statement describing the duration and conditions of the probationary period and the terms and conditions governing apprentice agreement cancellation as prescribed by 454 CMR 26.08;

7.A statement that the apprentice will be given equal opportunity in all phases of the apprentice program and will not be discriminated against based on race, color, religion, national origin, gender, sexual orientation, age, or handicap;

8.The name(s), address(es) and telephone number(s) of the individual(s) designated by the apprentice program sponsor to receive, investigate, and resolve complaints and concerns raised by apprentices relative to the apprentice program;

9.A statement that if the apprentice has a complaint or concern relative to the apprentice program which, after fully exhausting all internal procedures, is not resolved by the apprentice program sponsor to the apprentice's satisfaction, then the Deputy Director is available to receive, investigate, and resolve the complaint or concern. Matters unrelated to 454 CMR 26.00 or M.G.L. c. 23, §§ 11E through 11L are not subject to such review;

10.A statement that the apprentice's participation in the apprentice program is governed by M.G.L. c. 23, §§ 11E through 11L and 454 CMR 26.00;

11.The amount of credit which the apprentice program sponsor will give to the apprentice towards completion of the program, if any, for any relevant hands-on training or related instruction which the apprentice may have obtained while previously participating in other apprentice programs or while employed by previous employers; and

12.An acknowledgement that the apprentice has received a complete copy of the apprentice agreement, and a copy of the "Apprentice Rights and Responsibilities".

(5) The registration fee and a current photo of the apprentice must accompany the apprentice agreement in order to receive an apprentice ID card as required by M.G.L. c. 149, § 27.

(6) Within 45 calendar days of an apprentice's cancellation or completion of the apprentice program, the apprentice program sponsor must send written notification thereof to the Division.

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