CHAPTER 106
APPRENTICE AND EMPLOYMENT PROGRAMS
SUBCHAPTER I
APPRENTICE PROGRAMS
106.01 Designation of "indenture" and "apprentice".
106.02 Carpenters' apprentices.
106.025 Plumber apprenticeships.
106.03 Real estate apprenticeships excluded.
SUBCHAPTER II
EMPLOYMENT PROGRAMS
106.04 Equal rights.
106.05 Equal rights council.
106.06 Division of equal rights.
106.07 Postsecondary education: prohibition against discrimination on basis of physical condition or developmental disability.
106.08 Discrimination in education prohibited.
106.09 Public employment offices.
106.10 Veterans job training.
106.11 Employment and training programs.
106.115 Governor's council on workforce excellence.
106.12 Division of workforce excellence.
106.13 Youth apprenticeship and school-to-work programs.
106.14 Career counseling centers.
106.15 Assistance for dislocated workers.
106.16 Notification of position openings.
106.17 Local labor market information.
106.18 Job opportunities and basic skills program; aid to families with dependent children recipients.
106.19 Trade adjustment assistance overpayment waiver.
106.20 Pilot Wisconsin job opportunity business subsidy program.
106.21 Wisconsin service corps program.
106.215 Wisconsin conservation corps program.
106.25 Public insurrection; death and disability benefits.
106.26 Employment transit assistance program.
Ch. 106 Cross-reference Cross Reference: See the definitions in s. 103.001.
subch. I of ch. 106 SUBCHAPTER I
APPRENTICE PROGRAMS
106.01 106.01 Designation of "indenture" and "apprentice".
106.01(1)(1) The term "apprentice" shall mean any person, 16 years of age or over, who shall enter into any contract of service, express or implied, whereby the person is to receive from or through the person's employer, in consideration for the person's services in whole or in part, instruction in any trade, craft or business.
106.01(2) (2) Every contract or agreement entered into by an apprentice with an employer shall be known as an indenture; such indenture shall be in writing and shall be executed in triplicate, one copy of which shall be delivered to the apprentice, one to be retained by the employer and one to be filed with the department at Madison.
106.01(3) (3) Any minor, 16 years of age or over, or any adult, may, by the execution of an indenture, bind himself or herself as hereinafter provided for a term of service not less than one year.
106.01(4) (4) Every indenture shall be signed:
106.01(4)(a) (a) By the apprentice.
106.01(4)(b) (b) If the apprentice has not reached age 18, also by the father or mother; and if both the father and mother are dead or legally incapable of giving consent, then
106.01(4)(c) (c) By the guardian of the minor, if any.
106.01(4)(d) (d) If there is no parent or guardian with authority to sign then by a deputy of the department.
106.01(4)(e) (e) By the employer.
106.01(5) (5) Every indenture shall contain:
106.01(5)(a) (a) The names of the parties.
106.01(5)(b) (b) The date of the birth of the person indentured.
106.01(5)(c) (c) A statement of the trade, craft or business which the apprentice is to be taught, and the time at which the apprenticeship shall begin and end.
106.01(5)(d) (d) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first 2 years of an apprenticeship, the apprentice's period of instruction shall be not less than 4 hours per week or the equivalent. If the apprenticeship is for a longer period than 2 years, the total hours of instruction shall be not less than 400 hours. The total number of hours of instruction and service shall not exceed 55 per week; provided, that nothing in this paragraph shall be construed to forbid overtime work as provided in sub. (7) of this section.
106.01(5)(e) (e) An agreement as to the processes, methods or plans to be taught, and the approximate time to be spent at each process, method or plan.
106.01(5)(f) (f) A statement of the compensation to be paid the apprentice.
106.01(5)(g) (g) An agreement that a certificate shall be given the apprentice at the conclusion of the apprentice's indenture, stating the terms of indenture.
106.01(5i) (5i)
106.01(5i)(a)(a) The proper persons described in sub. (4) (a) to (d) may enter into such an indenture with any organization of employes, association of employers or other similar responsible agency in this state. Such organization, association or other agency shall thereupon, with the written consent of the other parties to the indenture, and the written acceptance thereof by the proposed employer, assign the indenture to the proposed employer, and the proposed employer and the apprentice named in the indenture shall be bound by the terms thereof. Such consent and acceptance shall be executed in triplicate and one copy of each shall be delivered, respectively to the department, to the employer and to the apprentice and in each case shall be attached to the proper indenture. The approval of the department shall first be had in each transaction. Such organization, association or other agency shall have the exclusive right to assign the indenture and the apprentice shall not be permitted to enter into any other indenture. The period transpiring before assignment to an employer shall not be credited toward the period of apprenticeship.
106.01(5i)(b) (b) Any employer may assign the employer's indenture, with the approval of the department and the written consent of the other parties thereto, to any association of employers, organization of employes or any other similar responsible agency in this state. The period of time in which such association, organization or other agency shall be such assignee shall not be credited as time served by the apprentice. After such assignment the association, organization or other agency shall, with the approval of the department and the written consent of the apprentice, assign the indenture to an employer but the apprentice shall not be bound by the assignment unless the employer accepts, by the employer's signed instruments, the terms of the indenture and that the employer will complete the employer's unperformed obligations thereunder; each such consent and acceptance shall be executed in triplicate and one of each, respectively, shall be delivered to the department, to the assignee employer and to the apprentice and in each case shall be attached to the proper indenture. Upon acceptance the employer shall for all purposes be deemed a party to the indenture.
106.01(5i)(c) (c) Any employer, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, may assign such indenture to another employer whose written acceptance shall be upon the instrument of consent. One copy of such consent and acceptance shall be delivered, respectively, to the apprentice, to the assignee employer and to the department and shall in each case be attached to the indenture in their respective possessions. After assignment, the new employer shall perform the unperformed obligations of the indenture. The department shall continue to have jurisdiction over the indenture assigned pursuant to this subsection and the parties bound after such assignment.
106.01(5j) (5j) The department may, and it shall have power on its own motion, or on the complaint of any person, after due notice and a hearing had, make findings and issue orders declaring any indenture, contract or agreement at an end if it shall be proved at such hearing that any apprentice, employer or such organization, association or other agency is unable to continue with the obligations under the contract or has breached the same. Upon the termination of the indenture, the apprentice released therefrom shall be free to enter into a new indenture under such conditions and terms as the department may approve and which are not inconsistent with this section.
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