Cal. Code Regs. Tit. 8, § 207 - Termination of Apprentice Agreements
(a) During the probationary period, if any,
an apprentice agreement shall be terminated by the program sponsor at the
request in writing of either party. An apprentice terminated by the program
sponsor while on probation shall have no right to file a complaint under
section 201 nor to contest the cancellation
under section
207.1.
(b) After the probationary period, or where
there is no probationary period, the apprentice agreement may only be
terminated by the Administrator.
(1) Where
there is mutual agreement of the parties, an apprentice agreement may be
terminated by submitting to the Administrator a request in writing to terminate
the agreement signed by the parties.
(2) Where there is not mutual agreement,
either party may request that the agreement be terminated by the Administrator.
The party making the request shall submit whatever evidence it believes shows
that there is good and sufficient reason to terminate the agreement. The
Administrator shall review the evidence and, where there is good and sufficient
reason, shall terminate the agreement. The Administrator shall act within sixty
days of receipt of the request. No program sponsor shall submit a request to
terminate an apprentice agreement unless it shall first have given the
apprentice notice in writing of its intended action and, if the program's
standards provide for a local adjustment procedure, of the apprentice's right
to exhaust the local adjustment procedure. In its request, the program sponsor
shall advise the Administrator of the notice to the
apprentice.
(c) For
programs in the building and construction trades industry, a request for
cancellation of an apprenticeship agreement, including the effective date and
reason for cancellation, shall be submitted to DAS in an acceptable electronic
format.
Notes
2. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).
3. New subsection (c) and amendment of NOTE filed 2-9-2021; operative 4-1-2021 (Register 2021, No. 7). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3075.7, 3077, 3078, 3079 and 3080, Labor Code.
2. Amendment filed 10-17-2011; operative 11-16-2011 (Register 2011, No. 42).
3. New subsection (c) and amendment of Note filed 2-9-2021; operative
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