APPRENTICE
A person who agrees to work for a specified time in
order to learn a trade, craft, or profession in which
the employer, traditionally called the master,
assents to instruct him or her.
Both minors and adults can be legally obli-
gated under the terms of an apprenticeship con-
tract, and any person who has the capacity to
manage his or her own affairs may engage an
apprentice. In some states, a minor may void a
contract of apprenticeship, but in cases where
the contract is beneficial to the minor, other
jurisdictions do not permit the minor to void it.
There must be strict compliance with statutes
that govern a minor’s actions concerning an
apprenticeship.
An apprenticeship must arise from an agree-
ment, sometimes labeled an INDENTURE, which
possesses all the requisites of a valid contract. If
the contract cannot be performed within a year,
it must be in writing, in order to satisfy the
STATUTE OF FRAUDS, an old ENGLISH LAW
adopted in the United States, which requires cer-
tain agreements to be in writing. The apprentice,
the employer, and, if the apprentice is a minor,
his or her parents or guardians must sign the
apprenticeship agreement. Some jurisdictions
require explicit consensual language in addition
to the signature or signatures of one or both
parents, depending upon the applicable statute.
The contract must include the provisions
required by law and drafted for the benefit of the
minor such as those relating to his or her educa-
tion and training. A breach of apprenticeship
contract might justify an award of damages, and,
unless authorized by statute, there can be no
assignment, or transfer, of the contract of
apprenticeship to another that would bind the
apprentice to a new service.
A person who lures an apprentice from his
or her employer may be sued by the employer,
but the employer cannot recover unless the
defendant knew of the apprentice relationship.
The apprenticeship may be concluded by
either party for good cause, where no definite
term of service is specified, by mutual consent,
or by a dismissal of the apprentice. Automatic
termination ensues from the expiration of the
term of service, involuntary removal of the
apprentice from the jurisdiction where he or she
was bound, or service in the armed forces even
though voluntary and without the consent of
the employer. The death of either party termi-
nates the relationship, as does the attainment of
the age of majority by the apprentice, in most
instances. Courts may terminate such contracts
when they violate statutes. The master’s cruelty,
immorality, interference with the apprentice’s
religious beliefs or duties, or other misconduct
and the misbehavior of the apprentice also constitute
grounds for termination.
