Barbados

Legislation

Statutory Instruments Supplement No. 46
Supplement to Official Gazette No. 77 dated 22nd September, 1997
S.I. 1997 No. 104

Technical and Vocational Education and Training Council Act, 1993 Cap. 43

TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING COUNCIL REGULATIONS, 1997

The Council in exercise of the powers conferred on it by section 25 of the Technical and Vocational Education and Training Council Act and with the approval of the Minister, makes the following regulations:

1. These regulations may be cited as the Technical and Vocational Education and Training Council Regulations, 1997.

2. In these regulations:

"contract of training" means a contract for the provision of technical or vocational education and training entered into pursuant to the Act;

"Director" means the Executive Director appointed under section 8 of the Act;

"trainee" means

(a) a person who has entered into a programme of technical or vocational training

1. in accordance with the provision of the Occupational Training Act; and
2. in accordance with any scheme formulated or programme provided in accordance with the Act; and

(b) a person who is employed under a contract of employment and who undergoes technical or vocational training provided by his employer as a result of funding provided under the Act and pursuant to any scheme formulated under the Act.

Proof of educational qualification

3.  (1) Proof of the educational qualification of an applicant for training under the Act shall be

(a) Certificates or diplomas issued by

1. the University of the West Indies, or any college or school in Barbados;
2. any educational institution outside of Barbados that is approved by the Council; or

(b) a passing grade in any examination conducted or approved by the Council; or

(c) evidence by an employer, supervisor or former employer or supervisor that an applicant for training under the Act has undergone a period of practical training of a standard and for a period approved by the Council.

    (2)  The proof referred to in sub-paragraph (1) shall be submitted together with Form 1 set out in the Schedule by the applicant to the institution responsible for conducting his training, at the time of applying for Each training or such other time as stipulated by the institution.

Terms of contract

4.  (1) A contract of training entered into by

(a) the Council and an employer shall be in Form 2 set out in the Schedule;

(b) the Council and an institution or association of training shall be in the Form 3 set out in the Schedule; and shall include the terms specified in paragraph (2).

      (2) The terms of a contract of training shall include:

(a) the duration of the contract;

(b) the type and period of training to be provided;

(c) the level of proficiency to be attained;

(d) the system to be used for monitoring the performance of the trainee;

(e) the names, qualifications and experience of the persons responsible for providing

(i) the training required,

(ii) the general supervision of the trainee,

(iii) the day to day supervision of the trainee, and

(iv) assistance in any way with the training;

(f) the nature of the reports required to be submitted to the trainee;

(g) the venue where the training is to be conducted.,

(h) the quantum of the grant or loan given to the employer or training institution and the manner of disbursement of the grant or loan;

(i) an undertaking by the employer or training institution to act in accordance with the schemes relevant to the training to be provided.

      (3) An employer or a training institution or association that has entered into a contract of training pursuant to the Act shall

(a) provide a trainee with the training and instruction specified in the contract and in any scheme formulated pursuant to the Act that relates to the training;

(b) permit the trainee to attend such educational classes as are specified in the scheme; and

(c) keep records of the training conducted, the number of hours of such training and the monitoring system used in respect of each trainee.

Registration of contracts

5. (1) An employer or any institution or association of training that has entered into a contract of training shall lodge with the Director, for the purpose of registration, the contract and two copies thereof before the commencement of training to which the contract relates.

    (2)  A contract of training is not binding until it is registered by the Director.

    (3)    Where the Director is satisfied that a contract of training complies with the provisions of the Act and regulations, the Director shall register the contract of training by

(a) entering the particulars of the contract in a Register kept for the purpose;

(b) endorsing on the contract and the copies thereof a registration number; and

(c) filing a copy.

    (4)    Within 14 days of registering a contract, the Director shall return the contract and one copy thereof to the employer, or institution or association of training as the case may be.

Reports

6. Every employer who has entered into a contract of training shall submit to the Council

(a) quarterly reports, in Form 4 set out in the Schedule, on the level of training provided,

(b) a final report which shall contain

(i) an assessment of the outcome and impact of the training to which the contract refers; and

(ii) a statement of account of the application of the funds provided under the Act.

7. (1) The rights and obligations of an employer under a contract of training may, with the written consent of the Council, be transferred to another employer that is capable of providing the training required under the contract between the Council and the employer.

    (2) The Council may refuse to consent to the transfer to which sub-paragraph (1) refers, if, in the opinion of the Council, the transfer is not in the interest of the trainee.

8. (1) An employer to whom a contract of training relates shall, on the satisfactory completion of the training specified in the contract, notify the Director, in Form 5 set out in the Schedule, within 14 days of its completion.

    (2) Where the Director is satisfied that a contract of training entered into pursuant to the Act, has been discharged, he shall endorse it to that effect and return it to the employer.

    (3) Any employer who fails to comply with this regulation is guilty of an offence.

9. (1) Subject to paragraph (3) a contract of training

(a) may be terminated or extended by the mutual agreement in writing by the parties,

(b) shall be terminated at the direction of the Council where

(i) both parties to the contract have not performed the contract;

(ii) one party has violated the contract; or

(iii) there has been reduced funding available to the Council.

   (2) A parry who desires to terminate a contract of training shall give to the other party not less than 30 days notice in writing of the termination.

   (3) Where the Council desires to terminate a contract of training, it shall give to the other party to the contract a Notice of Termination of Contract in Form 6 as set out in the Schedule.

   (4) An employer who fails to comply with paragraph (3) is guilty of an offence.

   (5) A person who is aggrieved by the decision of the Council to terminate or extend a contract of training may request the Council to review that decision within one month of the date on which the decision of the Council was given or communicated to that person.

   (6) The Council shall give notice in writing to an aggrieved person referred to in paragraph (5) of its final decision.

   (7) A person aggrieved by the final decision of the Council may appeal to the Minister within 6 weeks of receiving a notice referred to in paragraph (6).

   (8) The decision of the Minister is final when an appeal is made pursuant to paragraph (7).

   (9) The Minister shall within 30 days of receiving an appeal from a person referred to in paragraph (7), give notice to that person of his final decision.

   (10) Upon receipt of a notice given under paragraph 6 or 8 as the case may be,

a. the Contractor shall discontinue any training or related activities;

b  any obligation or liability on the part of the Council except in respect of any training or related activity conducted by the Contractor prior to receipt of such notice, shall cease.

   (11) A contractor shall within 3 months of the receipt of a notice referred to in paragraph 8, submit the final report referred to in regulation 6, to the Council.

   (12) A contract that is terminated under this regulation is terminated for all purposes but without limiting or affecting any right of action that may have accrued before the date of termination.

Examinations

10. (1) Tests set by the Council or an educational institution authorised by the Council shall be held for trainees

a. at the completion of the relevant training programme, and

b.  at such other times as the Council deems necessary

     (2) Each trainee shall be required to take tests in order to determine the level of competency attained by the trainee.

     (3) The tests to which paragraph (1) refers may be conducted for persons other than trainees under the Act, who voluntarily enter for the tests.

     (4) The Council shall specify the testing procedures to be used for training in respect of each occupation to which the schemes relate and may specify different testing procedures for those persons to whom paragraph (2) refers.

     (5)The Council shall determine the standards required for receiving certificates of proficiency.

11. (1) The Council shall issue a certificate of completion to each trainee who successfully completes his or her programme of training.

       (2) A trainee or a person to whom regulation 10(2) refers is to be regarded as having successfully completed his or her programme of training where

(a) the employer of the trainee has notified the Council in Form 5 as set out in the Schedule that the training has been completed, in accordance with Regulation 8;

(b) the Council has received the results of the tests to which regulation I 1 refers, and the trainee has satisfied the competency testing; and

(c) the trainee has attended at least 80% of the training programme.

      (3) A certificate referred to in paragraph (1) shall be in Form 7 as set out in the Schedule.

Miscellaneous

12. The Council may modify or adapt the relevant schemes made pursuant to the Act, to differentiate between categories of employers.

Penalties

13. A person who is found guilty of an offence under these regulations is liable on summary conviction to a fine of $2,500 or to imprisonment for a term of 1 year.

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