Sri Lanka Consolidated Acts

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National Apprenticeship Act (No. 49 of 1971) - Sect 45

Termination of contract of apprenticeship

45.
(1) A contract of apprenticeship shall terminate on the expiration of the period specified therein.
(2) Before a contract of apprenticeship terminates by the effluxion of time, either party to such contract may apply in writing to the Director for a termination of such contract.
(3) Upon the receipt of an application for the termination of a contract of apprenticeship made by a party to the contract under sub-section (2), the Director-
(a) shall give notice of such application to the other party to the contract; and
(b) shall, after giving each party to the contract an opportunity of being heard, make order either dismissing the application, or allowing the application and terminating the contract.
(4) No order shall be made by the Director under sub-section (3) allowing an, application for the termination of a contract of apprenticeship unless he is satisfied-
(a) that it is desirable to do so in the interests of any or each party to the contract; or
(b) that any or each party to the contract has failed to carry out the terms and conditions of the contract.
(5) Where the Director makes an order under this section allowing an application for the termination of a contract of apprenticeship on the ground that any one party to the contract has failed to carry out the terms and conditions of the contract, then,-
(a) if such party is the employer of the apprentice to whom the contract relates, such employer shall pay to that apprentice such compensation as may be determined by the Director; or
(b) if such party is that apprentice, he shall refund to such employer as the costs of training such amount as may be determined by the Director; or
(c) if such party is not satisfied with the decision of the Director, he may appeal to the Board.


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