QU OF NT AT A FE RU

BERMUDA

NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

BR 82 / 2009

WHEREAS [name of employer] (“the employer”) has permission, under the National Certification and Apprenticeship Board Act 1997, to employ an apprentice or trainee; and WHEREAS [name of apprentice or trainee] (“the apprentice” or “the trainee”) is entitled under the National Certification and Apprenticeship Board Act 1997 to enter into a contract of apprenticeship or training; NOW THEREFORE the employer and the apprentice or trainee agree to be bound by the following terms and conditions:

1. Training Scheme

the occupation of [name of occupation] under a training scheme of the National Certification and Apprenticeship Board leading to certification under the National Certification and Apprenticeship Board Act 1997 and national certification under the National Occupational Certification Act

2. 2004.

shall participate in the training scheme as follows:

Year Practical Theoretical Examinations Other Training Training Requirements and (no. of hours) (list courses) Conditions (vocational competencies, etc) 1 2

3. Probationary Period

probationary period during which time the contract may be terminated by either party, or extended or reduced upon application to the Board by either party.

4. NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

conduct an evaluation of the performance of the apprentice or trainee and will submit the evaluation to the National Certification and Apprenticeship Board.

5. Term of Contract

years] commencing on [date] and ending on [date] and may be extended or reduced by mutual agreement of the parties, or by the National Certification and Apprenticeship Board.

6. Hours of Work and Place of Work

7. week from [day] to [day] beginning at [blank] a.m. and ending at [blank] p.m.

[address], but he may be required to work at [specify other addresses or locations].

8. Remuneration, Benefits, and Deductions

9. less than the amount of the minimum wage set out in the training scheme for hours worked.

10. to receive his wages by [means and frequency of payment].

11. paid vacation leave, in addition to statutory public holidays.

12. or paternity leave, membership in the employer’s health insurance plan, and membership in the employer’s pension plan.

apprentice or trainee—

(a) payroll tax under section 4(1A) of the Payroll Tax Rates Act 1995 at the rate of [blank] %; and

(b) social insurance contributions under the Contributory Pensions Act

1970.

13. Responsibilities of employer and the apprentice or trainee

instructions or directions given to him by the employer or the supervisor.

14. NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

performance of his tasks, assignments and duties, adhere to all rules, regulations and policies which are or may be established by the employer.

15. All data or other information concerning the employer

obtained by the apprentice or trainee during the course of his employment shall be treated as confidential and shall not be disclosed by him to any other person without the written consent of the employer.

16. The discipline and grievance procedure to be followed are

the procedures set out in the [company or employee handbook] as read with the [name and date of the relevant collective agreement].

17. The employer and the apprentice or trainee shall comply

18. with the additional duties set out in the Schedule which forms a part of this contract.

Certification and Apprenticeship Board for registration within six weeks of its being signed by both parties.

19. Jurisdiction

particular, the National Certification and Apprenticeship Board Act 1997, the National Occupational Certification Act 2004, and the Employment Act 2000.

20. Interpretation

gender.

21. Registration of Contract

22. National Certification and Apprenticeship Board.

trainee shall not be employed as, an apprentice or trainee under the terms of this contract unless the contract is registered by the National Certification and Apprenticeship Board.

[Insert any additional terms or conditions agreed to by the parties (which shall be subject to approval by the Board).] [Schedule, Form 1 paragraph 10 amended by 2019 : 39 s. 5 effective 1 January 2020; Schedule, Form

1 amended by 2023 : 30 s. 9 effective 1 January 2024]

NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

SCHEDULE

(paragraph 17) Additional Duties and Responsibilities

A. The apprentice or trainee shall—

(i) show due regard for the tools and goods of the employer so as to avoid damage, waste or loss;

(ii) adhere to the employer’s dress code and all safety procedures;

(iii) provide to the employer satisfactory reasons for any absence from employment;

(iv) complete the practical training assigned by the supervisor;

(v) ensure, as far as possible, that the record book is kept up to date, accurate, and signed weekly by the employer;

(vi) carry the identification card at all times while at work and produce it upon request;

(vii) complete any additional training that may be identified by the employer or the Board;

(viii) attend the required theoretical training;

(ix) acquire text books and other supplies required for the theoretical training;

(x) notify employer of any other employment or change in employment;

(xi) notify the employer of any change in personal details including address and contact information.

B. The employer shall—

(i) provide the apprentice or trainee with practical training in all aspects of the occupation as required by the training scheme in so far as the facilities and the nature of the employer’s work will permit;

(ii) ensure appropriate supervision of the apprentice or trainee;

(iii) allow the apprentice or trainee time off from work to attend the required theoretical training;

(iv) record the progress of the apprentice or trainee;

(v) accurately record, update, and sign on a weekly basis the record book of the apprentice or trainee;

(vi) submit to the Board or the Director all forms and other documents that are required by the National Certification and Apprenticeship Board Act 1997;

NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

(vii) notify the Director of any change in the personal details of the apprentice or trainee.

IN WITNESS WHEREOF the employer and the apprentice or trainee have hereto set their hands this [blank] day of [blank] 20[blank].

Signature of Apprentice or Trainee:

Full Name:

[address]

Signature of Parent or Guardian:

Full Name:

[address]

Signature of Witness:

Full Name:

[address]

Signature (on behalf of Employer):

Full Name:

Position Held:

[address]

Signature of Witness:

Full Name:

[address]

FORM 2 (regulation 10) NOTICE OF COMPLETION OF APPRENTICESHIP OR TRAINING

[date]

NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

National Certification and Apprenticeship Board

Hamilton, Bermuda

Please be informed that on [date], [name of apprentice or trainee] completed, to my satisfaction, a period of apprenticeship or training in the occupation of [name of occupation] under a contract of employment reference [number] dated [date].

Signature (on behalf of Employer):

Full Name:

Position Held:

[address]

FORM 3 (regulation 14) ANNUAL RETURN OF EMPLOYER (to be completed by employer for the year ending 31 March and submitted to the National Certification and Apprenticeship Board by 30 April) (Employer to keep records to which return relates for examination by the Board)

Name of employer: Part A Contracts

No. of No. of No. of No. of No. of Apprentices in Contracts Contracts Contracts Contracts training Transferred Completed Terminated Subsisting at scheme at 31 31 March March 20[blank] 20[blank]

No. of Trainees No. of No. of No. of No. of in training Contracts Contracts Contracts Contracts scheme at Transferred Completed Terminated Subsisting at

31 March 31 March 20[blank] 20[blank]

NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

Part B Report on Apprentice or Trainee (add additional page if necessary)

Full name of Apprentice or Trainee: Occupation:

Registration No. No. of days absent from work: Total no. of hours worked: Total wages paid: Summary of progress and conduct of apprentice or trainee:

Skills acquired by Apprentice or Trainee:

Signature (on behalf of Employer):

Full Name:

Position Held:

[address]

Approved this 23rd day of December, 2009 Minister of Labour, Home Affairs and Housing [Schedule, paragraph B (vi) and (vii) "Additional Duties and Responsibilities" amended by 2011 : 47 s.7(1) effective 18 December 2011; Schedule, Form 2 and 3 amended by 2023 : 30 s. 9 effective 1 January 2024]

Made this 23rd day of December, 2009

National Training Board

NATIONAL CERTIFICATION AND APPRENTICESHIP BOARD (APPRENTICESHIP AND TRAINING) REGULATIONS 2009

[Amended by:

2011 : 47

2019 : 39

2023 : 30]