What’s the difference between your apprenticeship contract and a commitment statement? Get the answer to all your apprenticeship contract questions here.
Did you know that, as an apprentice, you have the same rights as other employees? One of those rights is to have a contract of employment. This is usually called an Apprenticeship Agreement and is a legally binding document that outlines the terms of your apprenticeship and your work with your employer.
In today’s post, we have outlined some of the things you can expect to find in your apprenticeship contract and some additional information to help you understand what it all means.
Job role
The contract should include the exact title of your job role and the name of your apprenticeship programme. Ensure this is correct and ask for it to be changed if it doesn’t accurately reflect your role.
Employment and training length
How long will your apprenticeship last? Your contract must specify how long you are expected to work for that employer, which will usually be the length of your apprenticeship (anywhere from 1 to 6 years). If an exact end date is unknown (i.e. maybe the EPA process is excluded from the stated length of the apprenticeship programme), your contract should give at least an approximate end date.
While some employers will offer you full-time work on successful completion of your apprenticeship, it doesn’t have to be required in your contract. Not all employers keep their apprentices after the training programme, although most do. According to UCAS, 90% of apprentices are offered a permanent role during or after their apprenticeship.
Ending the apprenticeship
Your contract should include details of what will happen if the employer/apprentice relationship ends before the agreed end date.
This might include what notice period you are required to give, if any, if you decide not to complete the programme or to transfer to another employer. It should also include what will happen if you fail to meet the requirements of the apprenticeship (such as passing certain exams or assessments) or if you commit gross misconduct (an action for which you can be fired, such as theft, fraud, violence, or wilful property damage).
Working conditions and pay
As an apprentice in 2023, you are entitled to receive at least £5.28 per hour if you’re aged 16-18 or if you’re 19 or over but in your first year. If you are 19 or over and in your second or later years, you are entitled to at least the National Minimum Wage for your age.
From 1st April 2024, the national minimum wage and living wage rates will increase, which means from this date apprentices will be entitled to receive £6.40 per hour.
Your contract should state your rate of pay and when you will be paid (e.g. weekly, fortnightly, or monthly). You must be paid for all hours worked as well as for any training that is part of your apprenticeship.
You are also entitled to at least 20 days paid holiday each year plus bank holidays, and to Statutory Sick Pay. If your employer offers any additional benefits to regular employees, these must be made available to you under the same terms if you wish to take advantage of them.
Double-check your contract to make sure your pay and benefits are in line with these rules. If not, speak up before you sign anything as it can be much harder to get mistakes rectified later.
Hours and off-the-job training
Your contract should specify your weekly working hours, which must be at least 30 hours to fulfil the legal requirements for an apprenticeship. It should also state how many hours of off-the-job training (such as classroom study) you will undertake each week. This ensures that your employer will release you from work at the appropriate times to complete the off-the-job portion of your apprenticeship.
Make sure that the off-the-job hours specified in your contract aligns with your understanding of your apprenticeship and with your learning provider’s expectations of you.
What if I don’t get a contract?
It’s a requirement that you have a contract, and your employer is breaking the law if they refuse to give you one. If you have not seen a contract and your apprenticeship start date is approaching, speak to your employer and your learning provider to ask for one.
Where to find help and advice
Contracts should be written in plain English that is easy to understand, but can sometimes include complex terms that you might not have heard before. The golden rule of contracts is to never sign anything you do not understand. So if there is anything in your apprenticeship agreement that you’re concerned about or don’t understand, always ask your employer for clarification.
You can also ask your tutor or someone else at your school, college, or learning centre to help you understand your contract. And if you need impartial, third party advice, Citizens Advice is a great place to start. Once you’re employed, you can join your trade union, which is another great place to get advice on anything relating to your contract or working conditions.
Is a Commitment Statement the same as a contract?
No. As well as your contract, you should also have a document called a Commitment Statement. This is signed by you, your employer, and your learning provider. Unlike the contract, the Commitment Statement is not a legally binding document.
Your Commitment Statement should include:
- The content and schedule of your planned training (i.e. what you will learn and when)
- What qualification and level you are working towards
- The expectations and responsibilities of the training provider, the employer, and you
- Where you can get help to resolve problems or queries
Both the contract and Commitment Statement should be signed before the apprenticeship begins.
