The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
If the apprentice quits his instruction under circumstances not provided
for in this Act, without consent of his master, the latter can only make
good his claim for the return of the apprentice, if the contract of
apprenticeship has been drawn up in writing. In such case the police
magistrate may, on application of the master, oblige the apprentice to
remain under instruction so long as apprentice relations are declared by
judicial ruling to be still undissolved.
Application is only admissible if made within one week after the
departure of the apprentice. In case of refusal, the police magistrate
may cause the apprentice to be taken back by force, or he may compel him
to return under pain of a fine, to the amount of fifty marks, or
detention for five days.
Sec. 131.
If the parent or guardian acting for the apprentice, or if the
apprentice himself, being of age, shall deliver a written declaration
to the master, that the apprentice wishes to enter into some other
industry or some other calling, apprentice relations shall cease after
the expiration of four weeks, if the apprentice is not allowed to leave
earlier. The grounds of the dissolution must be notified in the work
register by the master.
The apprentice shall not be employed in the same trade by another
employer, without consent of the former master, within nine months after
such dissolution of apprentice relations.
Sec. 132.
If apprentice relations are severed by either party, before the
appointed time, the other party can claim compensation only if the
contract has been made in writing. In the cases referred to in Sec. 128, 1,
4, the claim will only hold if the kind and degree of compensation has
been specified beforehand, in the contract.
The claim is void unless made within four weeks of the dissolution of
apprentice relations.
Sec. 133.
If apprentice relations are dissolved by the master, because the
apprentice has quitted his work without permission, the compensation
claimed by the master shall, unless some other agreement have been made
in the contract, be fixed at a sum amounting for every day succeeding
the day of breach of contract, up to a limit of six months, to the half
of the customary local wage paid to journeymen and assistants in the
trade of the master.
The father of the apprentice shall be liable for the payment of
compensation, also any employer who has induced the apprentice to quit
his apprenticeship, or who has received him into his employ, although
knowing him to be still under obligation to continue in apprentice
relations to another employer. If the one who is entitled to
compensation has not received information till after the dissolution of
apprentice relations, as to the employer who has induced the apprentice
to quit his work, or who has taken him into his employ, claim for
compensation against the latter shall expire if not preferred within
four weeks after such information has been received.
Public-domain text, read in full here on John Shaqi.
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