Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.21 - APPRENTICESHIP
Subchapter 24.21.4 - Apprenticeship Standards
Rule 24.21.412 - GUIDELINES FOR HIRING OF ADDITIONAL APPRENTICES
Universal Citation: MT Admin Rules 24.21.412
Current through Register Vol. 18, September 20, 2024
(1) An apprenticeship sponsor shall make reasonable efforts to encourage apprentices to complete the apprenticeship program.
(2) Before an apprenticeship sponsor may indenture a new apprentice, the sponsor shall offer to rehire any apprentice that had worked for the sponsor, but had been laid off or terminated without good cause.
(a) The
registration agency may reject apprenticeship agreements submitted by
apprenticeship sponsors who fail to provide proof of having offered to rehire
apprentices that were laid off or terminated without good cause.
(b) An apprenticeship sponsor may demonstrate
it had good cause for not rehiring a former apprentice. Good cause for not
rehiring includes, but is not limited to:
(i)
an offer of rehiring that is rejected by the former apprentice, if such offer
is reasonable;
(ii) the former
apprentice is unavailable for work within a reasonable period of time as
determined by the circumstances or the rehiring; or
(iii) the former apprentice cannot be located
after a diligent search by the apprenticeship sponsor.
(c) The following are examples of reasons
that do not constitute good cause for not rehiring a former apprentice:
(i) the sponsor's inability to pay the former
apprentice at the level which is appropriate for the training and education
completed by that apprentice;
(ii)
the rejection by the former apprentice of an offer for rehiring that is short
term or of limited duration which is not reasonably calculated to provide
employment for the former apprentice through the remainder of the
apprenticeship program;
(iii) the
rejection by the former apprentice of an offer for rehiring having conditions
that require violation of the terms of the apprenticeship agreement and/or
apprenticeship standards; or
(iv)
the rejection by the former apprentice of an offer for rehiring which imposes
conditions that require an apprentice to knowingly assist or participate in
illegal activity.
39-6-101, MCA; IMP, 39-6-101, MCA;
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