Scottish Painting and Decorating Apprenticeship Council

SCHEDULE TO THE FOREGOING
MODERN APPRENTICESHIP AGREEMENT

1. INTERPRETATION

1.1 The definitions and rules of interpretation in this clause 1 apply in this Agreement.
The following terms shall have the following meanings:

Agreement: means this contract and the Schedule.

Apprenticeship: means the engagement of the Apprentice by the Company in terms of this Agreement.

Disciplinary and Dispute Resolution Procedures: means such disciplinary and grievance procedures as are contained within the Staff Handbook.

Staff Handbook: means the staff policies and procedures as the Company shall operate from time to time and as shall be made known to the Apprentice as being applicable to him/her or, in the event that the Company has no such policies and procedures, the policies and procedures approved by the Scottish Decorators’ Federation (“SDF”) and provided to its members from time to time.

Qualifications: means SVQ in Painting and Decorating at levels 2, 3 and advanced craft and such other qualifications as may be determined from time to time by SPADAC.

Schedule: means the schedule hereto in one part.

Training Establishment: means such college, university or other tertiary educational establishment as shall be approved by SPADAC from time to time to provide educational training and learning to the Apprentice to enable him/her to secure the Qualifications.

1.2 The headings in this agreement are inserted for convenience only and shall not affect its construction.

1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any

amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.4 A reference to one gender includes a reference to the other gender.

2. TERM

2.1 At the end of each year of the Apprenticeship the Apprentice’s performance shall be assessed and, if (s)he has met the requirements of the Scheme (s)he shall progress to the next year of the Apprenticeship.

2.2 In the event of the Apprentice being absent from duties for any continuous or aggregate period(s) of not less than 4 weeks in any year of the Apprenticeship the Company shall be entitled to extend that year of the Apprenticeship by a period equal to the period of the Apprentice’s absence and in these circumstances the next Apprentice year will not commence until the previous year has been completed to the reasonable satisfaction of the Company.

2.3 Notwithstanding clause 2.1, the Agreement may be terminated by the Company in terms of clauses 3 and 4.

3. MISCONDUCT

The Apprenticeship may be terminated without notice by the Company if the Apprentice is found to have committed an act of gross misconduct, or with notice if the Apprentice is guilty of persistent misconduct or breach of the terms of this Agreement or the Scheme. Examples of conduct that may constitute gross misconduct are exemplified in the Disciplinary and Dispute Resolution Procedures. These examples are not exhaustive and other circumstances may also be deemed to constitute gross misconduct.

4. TERMINATION OF THE APPRENTICESHIP

4.1 If the Apprentice wishes to terminate the Apprenticeship, he must give the Company not less than two weeks’ prior written notice in the first two years’ of the Apprenticeship and thereafter not less than four weeks’ notice.

4.2 The Apprenticeship shall terminate automatically on the completion of the Apprenticeship without any requirement on the part of the Company to serve notice.

4.3 In the event of the Company determining that there exists a redundancy situation (as defined by the Employment Rights Act 1996 or any re enactment thereof) affecting the Apprentice, the Company shall be entitled to serve notice to terminate the Apprenticeship on giving not less than 4 weeks notice.

5. COMPANY’S RESPONSIBILITIES

During the Apprenticeship the Company shall:

5.1 provide the Apprentice with a broad range of practical training and work experience across different sectors of the Company’s business, with a view to enabling the Apprentice to develop a broad skills base in painting and decorating and to assist the Apprentice in securing the Qualifications;

5.2 permit the Apprentice to take day/block release as appropriate to attend the Training Establishment during term time to study for the Qualifications and to sit a skills test and at least one re sit if required during the final year of the Apprenticeship;

5.3 during the last 3 months of the Apprenticeship, permit the Apprentice reasonable time off to attend job interviews.

6. APPRENTICE’S RESPONSIBILITIES

The Apprentice shall: 6.1 undertake to perform all requirements made of him in relation to the practical training and work experience offered by the Company in a diligent and conscientious manner;

6.2 attend the Training Establishment when required on day/block release at such times and on such dates as shall be advised to the Apprentice and pass all modules, assessments, units, tests and examinations as and when required to secure the Qualifications;

6.3 follow the Company’s health and safety, equal opportunities, discrimination, anti harassment and other relevant policies and procedures as may be contained within the Staff Handbook from time to time.

7. WAGES

7.1 The Apprentice will be paid normal time and overtime at the rate(s) specified in the National Working Rules for the Painting Trade in Scotland (National Working Rules) as agreed and promulgated by the Scottish Painting Council, a copy of which is available from the Company on request. Wages are payable weekly in arrears.

7.2 Payment of wages is dependant upon there being sufficient work, of the type the Apprentice is employed to do, available for the Apprentice to undertake. The Company reserves the right to temporarily lay the Apprentice off without payment of wages, or any entitlement to wages, in event of an inability to provide the Apprentice with suitable work, for a period of not more than four consecutive weeks, or any aggregate of not more than 6 weeks in any consecutive 13 week period.

8. NORMAL HOURS OF WORK

8.1 The normal hours of work are 38 hours per week, at such times and on such days as determined in the National Working Rules (subject to any local modifications of the same as may be implemented in terms of the National Working Rules). The Company may request that the Apprentice work additional hours in excess of his/her contracted hours including at weekends (“Overtime”). The Company may not require any Apprentice under the age of 18 to work overtime.

9. PLACE OF WORK

9.1 The Apprentice’s normal place of work at any site as the Company may reasonably determine within the United Kingdom.

9.2 The Apprentice will not be required to work outside the UK for continuous periods exceeding one month during the Apprenticeship.

10. COLLEGE COURSE

10.1 During the Apprenticeship, the Apprentice will undertake a course of training at a Training Establishment with a view to the Apprentice achieving the Qualifications.

10.2 The Apprentice will attend the Training Establishment on a day/block release basis as required. Regular attendance at the Training Establishment is compulsory.

10.3 Failure to attend the Training Establishment on a regular basis, regular lateness, poor performance and conduct, etc. may lead to termination of the Apprenticeship. The Apprentice should not normally take annual leave during the Training Establishment’s normal term time so as not to interfere with her/his attendance.

10.4 During the final year of the Apprenticeship, the Apprentice will be required to undertake a Skills Test at the Training Establishment or other establishment as specified by SPADAC. Satisfactory completion of the Skills Test is a prerequisite of the Apprentice successfully completing that year of the Apprenticeship and obtaining the Qualifications.

11. ANNUAL LEAVE

11.1 The Apprentice is entitled to 29 days’ paid holiday during each holiday year, inclusive of public holidays.

The entitlement is as follows:

11.2 Public Holiday entitlement is (continued):

11.2.1 New Year’s Day.

11.2.2 One day’s spring break in the locality concerned (usually Easter Monday).

11.2.3 One day to be taken in May. It is recommended to be the first Monday in May, but it is permissible by local agreement to elect another day suitable to the locality concerned.

11.2.4 One day’s summer holiday. The day prior to the annual summer holiday applicable in the locality concerned.

11.2.5 Two days autumn holiday in the locality concerned. Normally Friday and Monday.

11.2.6 Christmas Day and Boxing Day.

11.3 Annual Holiday entitlement is to be taken as follows:

11.3.1 Spring Holiday Four working days taken in conjunction with the public holiday in May (see 10.2(b)). In some areas where school holidays fall outwith the above, a shop agreement to vary this holiday may be available.

11.3.2 Summer Holiday Ten working days taken in conjunction with the summer public holiday (see 10.2(d)).

11.3.3 Winter Holiday Seven working days taken in conjunction with Christmas Day, Boxing Day and New Year’s Day (see 10.2(a) and 10.2(f)) to give a Winter Holiday of two calendar weeks.

11.4 Provided the Apprentice has sufficient service to have accrued an entitlement to paid holidays, (s)he will be paid normal weekly wage, without overtime, during such holidays. If the Apprenticeship commences part way through the holiday year, the holiday entitlement during the first year of the Apprenticeship shall be calculated on a pro rata basis, rounded up to the nearest whole day.

11.5 If for any reason the Apprentice does not take all of his/her holiday entitlement in any holiday year the Company shall not be obliged to pay any sum in lieu or increase the holiday entitlement in any subsequent year. 11.6 On termination of the Apprenticeship the Apprentice will be entitled to a payment in lieu of any holiday which has accrued and not been taken, unless the Apprentice is then engaged by the Company as an employee.

11.7 If the Apprentice has taken more holiday than the accrued entitlement at the date of termination of the Apprenticeship, the Company shall be entitled to deduct the appropriate amount from any payments due to the Apprentice.

12. SICK PAY

Sickness absence must be notified to the Company as soon as possible but no later than 10am on the first day of absence. Self certification is permitted for any absence of less than one week and thereafter a medical certificate is required for any longer period of absence. Sick pay will be payable in accordance with the National Working Rules.

13. DISPUTE AND GRIEVANCE RESOLUTION

13.1 The Apprentice should follow the Disciplinary and Dispute Resolution Procedures relating to grievances.

13.2 Any disciplinary issues relating to the Apprentice will be dealt with in terms of the Disciplinary and Dispute

Resolution Procedures.

14. HEALTH AND SAFETY

The Apprentice acknowledges that (s)he must take all necessary steps under all relevant and applicable health and safety legislation to ensure, as far as is reasonably practicable, the health, safety and welfare of both him/ herself and all other persons (s)he shall come into contact with during the performance of his/her duties, including other employees of the Company.

15. PENSION

There is no pension scheme in force in connection with the Apprenticeship.

16 TRANSFER

In the event of the termination of the Apprenticeship in terms of clause 4.3 hereof (redundancy) SPADAC shall take all reasonable steps to secure the continuous transfer of the Apprenticeship to another suitable organisation in place of the Company. No such transfer shall be completed without the written consent of the Apprentice.

17 GENERAL

This agreement shall be construed in accordance with Scots Law.

Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date
(Director, for and on behalf of the Company)

Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date
(Apprentice)

Signed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date
(Parent/ Guardian)


SPADAC is a Registered Scottish Charity SC041386