Chapter 2. California Apprenticeship Council
Subchapter 1. Apprenticeship
Article 2. Definitions

§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.

Note: Authority cited: Section 3071, Labor Code. Reference: Sections 3075.7, 3077, 3078, 3079 and 3080, Labor Code.

HISTORY

1. New section filed 1-17-2002; operative 2-16-2002 (Register 2002, No. 3). For prior history, see Register 85, No. 4.

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.