- August 29, 2023
- Posted by: legaleseblogger
- Category: Related News
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I. Background
I have dedicated five years of my professional life to my current employer, consistently receiving a salary close to the minimum wage. Prior to joining this company, I had accumulated five years of experience within the same industry, which brings my total experience to a commendable ten years. Although my skills and proficiency reflect a higher value, my employer continues to remunerate me at a rate that does not align with market standards. Despite the unsatisfactory compensation, I persevered because I sought to acquire the necessary qualifications. Recently, after successfully completing my apprenticeship, I have received a significantly better job offer from another organization, offering a salary that is more in line with the current market rate.
II. Issue at Hand
However, now I am faced with a predicament as the Human Resources department insists that I must reimburse the fees associated with my apprenticeship. It is important to note that I did not sign any agreement pertaining to this matter. There was a general clause introduced five years ago, stipulating that apprentices are required to sign a separate apprenticeship agreement with the company. Surprisingly, I never signed this agreement before, during, or after my apprenticeship.
III. Addressing the Situation with AI Legalese Decoder
In such a perplexing situation, the AI Legalese Decoder would prove to be an invaluable tool. This innovative software specializes in decoding complex legal documents by analyzing and interpreting their content. By submitting the general clause regarding apprenticeship agreements to the AI Legalese Decoder, it would efficiently identify any potential legal implications, loopholes, or inconsistencies within the document.
If it is determined that the company is attempting to enforce the agreement despite the absence of your signature, the AI Legalese Decoder can assist in preparing a robust defense strategy. Based on its thorough analysis of legal language, the software would aid in identifying relevant laws and regulations that support your case. By leveraging this technology, you can empower yourself with a comprehensive understanding of the legal complexities surrounding your situation.
IV. Protecting Your Rights
In the event that the company deducts the fees from your final pay, it is crucial to recognize the protections available to you. Firstly, consult with the AI Legalese Decoder to identify any potential breaches of employment laws or regulations. This will enable you to ascertain the legal obligations that your employer must adhere to.
If it is found that the company is in violation of employment laws through the enforced deduction, you have the right to contest this action. Seek legal advice and present your case with the support of the AI Legalese Decoder’s analysis. By leveraging this combination of expert advice and advanced technology, you can effectively navigate the legal landscape and ensure your rights are protected.
In conclusion, the AI Legalese Decoder is an invaluable tool that can assist in decoding complex legal documents, such as the general clause related to apprenticeship agreements. By utilizing this technology, you can gain a comprehensive understanding of the legal implications and the enforceability of such agreements. In the situation where your employer attempts to deduct fees without your consent, the AI Legalese Decoder, along with professional legal guidance, will help you build a strong defense while protecting your rights as an employee.
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How AI Legalese Decoder Can Help with the Situation
Introduction:
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Understanding the Problem:
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Conclusion:
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****** just grabbed a
Probably not. Take your contract / documents to a CAB clinic and get an opinion from them.
An employer can’t deduct anything from your pay without your agreement. If they pressure to sign something you ask for everything in writing and then reply that you decline permission. You don’t have to give any further reason than that.
You probably won’t get a reference but they can’t retrospectively enforce anything you didn’t sign up front. If they want to they’d have to take you to the ERA.
If they take your money without permission off to a lawyer you go and get a nice personal grievance payout on top of your holiday pay.
Even if there is a training bond in the contract I would expect that after 5 years it would have expired.
At the time of signing my contract for an apprenticeship it said something along the lines of “If I leave the company within 6 years of this date, I will be required to pay back $____”
I asked my boss for the amount but he said just sign in and we will fill it in later… Luckily being a 15 year old, know it all butcher made me think otherwise and I didn’t. Asked several times for the amount so I can sign it but they never got back to me.
They were pissed when I left after about 3 years.
Tell them to get fucked. I would actually use that language as well. Good employers will keep raising your pay as you pass modules and gain new skills in the apprenticeship.
As always, the key is “what does your contract say?”
If you haven’t already agreed to this in your contract then you’re sweet. Just don’t agree. Walk away. Bye bye boss.
Of course it goes without saying to make sure you’ve secured the other job first.
Pay back agreements are common, but if it’s not in writing and agreed too it’s not worth the paper it’s written on , they could be a dick about your final pay , but your holiday pay owing is yours and can’t be touched .. move on , get a better job and see what happens. If it goes south , just file a complaint with Early resolution services, but do so in 90 days from leaving.
More than likely you will come out better in the long run $ wise at new job even if current employer withholds some $ .
You completed Apprenticeship, you stayed 5 years,I don’t think so Ask for copy of contract you signed, or read it to find out.Any way the government gives then a subsidy for Apprenticeships.I don’t believe they have a leg to stand on
Tell them to get fucked mate your not due them anything especially after that amount of time .I’m glad I never done my apprenticeship in Nz after seeing how some apprentices get treated there boss’s charge them out at $60 an hour and expect miracles out them when they aren’t even bothered there arse to train them properly half the time construction in Nz is a joke
Make sure you leave review on Glassdoor – you can do this anonymously. Prospective employees should be aware of things like this.
Hope you get your issue sorted.
If they owe you money like last pay and holiday pay out then they’ll try deduct from it. Luckily you can take them to tribunal and get your money back and then some. You could also threaten to take them to employment relations tribunal if they do dock your final pay.
Does your contract mention it? If not, they can get fucked.
If you never signed it, then it’s not worth the paper that it’s (not) written on.
Doesn’t seem correct, but refer to your employment agreement and see what you signed up to
Hey mate I am a qualified tradesperson,
Politely tell them to get stuffed. There is a general law about this regarding deductions from pay, they have to get you to agree to it which is potentially what they are trying to do, my advice is don’t sign anything, and check your final pay very well. If there are any deductions contact the IRD as they are illegally making deductions from your earned wages.
The idea of an apprenticeship is the shortfall in your pay for skilled labour is compensated by the experience you are receiving from being on the job. In total your apprenticeship costs (depending on provider) would be under $10,000 for your entire apprenticeship, the truth is unless they have some specific contract clause that specifies you leaving before a certain amount of time they have the authority to ask for this back, but even so the amount of value you have probably generated for this company in 5 years far outweighs the cost of any apprenticeship fees.
Your boss sounds like he doesn’t like strawberries, cus he’s too tight to shit the pips. But for real though, people in this industry will always try to do this to you, your best bet is to go in with a figure you’re happy with and if they start giving you excuses about why they won’t pay you that (if you want x money I expect x money’s worth of work) it’s usually a good sign to not even bother because money will always be an issue. I’ve worked with many of these kinda people in the last, hope you’re onto bigger and better things. Best of luck!
Welcome Mr/Ms tradesperson.
If they are not willing to pay a fair wage now you have a qual go out
and get a decent amount for the trade skills you have .
the point is once you finish your apprenticeship its expected that you’ll provide the company who trained you some value. leaving the company as soon as an apprenticeship is finished is counter to the spirit of an apprenticeship. it undermines the whole concept, and makes employers reluctant to offer apprenticeships. but hey, nah just think about yourself and do what you want. its what everyone else does anyway 😀