APPRENTICE, EMPLOYMENT AND EQUAL RIGHTS PROGRAMS
Real estate apprenticeships excluded.
Employment of apprentices on state public works projects.
Public employment offices.
Veterans job training.
Workforce investment programs.
Employment and education program administration.
Youth apprenticeship program.
Assistance for dislocated workers.
Notification of position openings.
Local labor market information.
Youth programs in 1st class cities.
Trade adjustment assistance overpayment waiver.
Pilot Wisconsin job opportunity business subsidy program.
Public insurrection; death and disability benefits.
Employment transit assistance program.
Workforce training program.
Nursing workforce survey and grant.
EQUAL RIGHTS PROGRAMS
Public places of accommodation or amusement.
Division of equal rights.
Postsecondary education: prohibition against discrimination on basis of physical condition or developmental disability.
Postsecondary education; accessible instructional material for students with disabilities.
Discrimination in education prohibited.
Ch. 106 Cross-reference
See the definitions in s. 103.001
Subch. I of ch. 106 Cross-reference
See also chs. DWD 295
, Wis. adm. code.
In this subchapter:
"Apprentice" means any person who enters into an apprentice contract with the department and with a sponsor or an apprenticeship committee acting as the agent of a sponsor.
"Apprentice contract" means any contract or agreement of service, express or implied, between an apprentice, the department, and a sponsor or an apprenticeship committee acting as the agent of a sponsor whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft, or business.
"Apprenticeship committee" means a joint apprenticeship committee or a nonjoint apprenticeship committee designated by a sponsor to administer an apprenticeship program.
"Apprenticeship program" means a program approved by the department providing for the employment and training of apprentices in a trade, craft, or business that includes a plan containing all of the terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices as required under this subchapter, including the apprentice contract requirements under s. 106.01
"Employer" means any person employing an apprentice, whether or not the person is a party to an apprentice contract with the apprentice.
"Joint apprenticeship committee" means an apprenticeship committee that consists of an equal number of representatives of employers and of representatives of employees who are represented by a collective bargaining agent.
"Nonjoint apprenticeship committee" means an apprenticeship committee that consists of representatives of employers, but not of representatives of employees who are represented by a collective bargaining agent.
"Sponsor" means any employer, organization of employees, association of employers, committee, or other person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.
History: 1999 a. 83
; 2009 a. 291
Apprentice contracts. 106.01(1)
Formation of apprentice contract.
Any person 16 years of age or over may enter into an apprentice contract binding himself or herself to serve as an apprentice as provided in this section. Except as provided in ss. 106.02
, and 106.03
, the term of service of an apprenticeship shall be for not less than one year. Every apprentice contract shall be in writing and shall be signed by the apprentice, the department, and the sponsor or an apprenticeship committee acting as the agent of the sponsor. If the apprentice has not reached 18 years of age, the apprentice contract shall also be signed by one of the apprentice's parents or, if both parents are deceased or legally incapable of giving consent, by the guardian of the apprentice or, if there is no guardian, by a deputy of the department. The department shall specify the provisions that are required to be included in an apprentice contract by rule promulgated under sub. (11)
(5m) Assignment of apprentice contract. 106.01(5m)(a)(a)
Upon entering into an apprentice contract, a sponsor that is not the proposed employer of the apprentice, or an apprenticeship committee that is acting as the agent of a sponsor, shall, with the acceptance of the apprentice contract by the proposed employer, assign the apprentice contract to the proposed employer, and the proposed employer and the apprentice named in the assignment shall be bound by the terms of the apprentice contract.
The department shall furnish a copy of an acceptance described in par. (a)
to each party that has signed the apprentice contract. A sponsor or apprenticeship committee that enters into an apprentice contract shall have the exclusive right to assign or reassign the apprentice contract to another sponsor, and the apprentice shall not be permitted to enter into any other apprentice contract. The period transpiring before assignment to an employer or reassignment to another employer shall not be credited toward the term of apprenticeship. The approval of the department is required in each transaction.
A sponsor or apprenticeship committee that enters into an apprentice contract may reassign the apprentice contract to a different employer, but the apprentice shall not be bound by a reassignment unless that employer accepts the terms of the apprentice contract and agrees to perform the unperformed obligations of the apprentice contract. After a reassignment, the new employer shall perform the unperformed obligations of the apprentice contract. The department shall continue to have jurisdiction over an apprentice contract reassigned under this paragraph and the parties bound after the reassignment.
(5p) Termination of apprentice contract.
The department, on its own motion or on the complaint of any person, and after due notice, investigation, and, if requested by the apprentice, employer, or sponsor, a hearing under sub. (9)
, may make findings and issue an order terminating an apprentice contract if it is proved that any apprentice, employer, or sponsor that is a party to the apprentice contract is unable to continue with the obligations under the apprentice contract or has breached the apprentice contract. Upon termination of the apprentice contract, the released apprentice may enter into a new apprentice contract under any terms and conditions approved by the department that are consistent with this section.