Practical Training Agreement
Content
1 Practical TrainingAgreementForm3
2 AppendixPractical TrainingAgreement5
1. Practical TrainingAgreement Form
This form is part of the Vocational Practical TrainingAgreement between ROC West-Brabant and the
student mentioned below. This form is the full text of the "Practical TrainingVocational Agreement" whichis available on.
Educational Institution:
1. Foundation ROC West-Brabant, represented by the
Director:
. Name and initials:
. Director:
. Address:
Student:
. Name and initials:
. Street + number:
. Postal code and town:
. Date of birth and birthplace:
. Gender:
. Student number:
If the student is under 18,his/her legal representative:
. Name:
Practical Training Company:
. Name:
. Practical training companycode:
. Address:
. Postalcode and town:
Agreement with the following:
1. The provisions of Articles 7.2.8 and 7.2.9 of the Education and Vocational Training Act (WEB), with regard to the provisions of the vocational training and the practical training agreement, or alternative practical workplace.
2. The vocational education agreement betweenthe participant and the educational institution
is component of this agreement.
3. The assessment is favourable of the vocational practical training locations in the practical training company,as defined by the relevant Knowledge Centre Vocational Education in Businesses (as referred to in Article 7.2.10 WEB, which means in the case of an apprenticeship training (BBL),
who countersigned this agreement.
Agree as follows:
Article 1 VocationalPractical Training
The student is registered with the educational institution in the vocational training listed below, in which context the practical training takes place:
. Name of study program:
. Crebonumber program:
. Qualification Level:
. Pathway:
. Location ROC West-Brabant:
Article 2 Duration and Scope of VocationalPractical Training
. Practical training starts on .. - .. - .....
. Practical training ends .. - .. - .... (Subject to the provisions ofArticle 10 of the practical training agreement).
. Number of days per week agreed on for the practical training:
. Work Location:
Address:
Postal code and town:
Article 3 Guidance
1. Name of practical trainer: ......
The practical trainer, designated by the practical training company, is responsible for the guidance of the student at the place where the practical training is provided.
2. Name practical supervisor: ......
The practical supervisor, designated by the educational institution, willensure that the guidance and
development of the participant in the vocational practical training takes place according to the agreed
method in the regulations relating to education and examination.
The items listed in the appendixof this Agreement are applicable. Bysigning this form I declare that I have read the full text of the "Vocational Practical Training Agreement" which appears in the Annex, which is available on and agree to the contents of these provisions.
Agreed uponand in triplicate (or in the case of apprenticeship training inquadruplicate):
Place: ......
Date: ......
Legal representative of the educational institution:
Name and initials:……………………...
Director:…………………………………
Signature: ......
Date: ......
Legal representative of the Practical Training Company:
Name and initials: ......
Function: ......
Signature: ......
Date: ......
Student:
Name and initials: ......
Signature: ......
Date: ......
When under 18, his/her legal representative:
Name and initials: ......
Signature: ......
Date: ......
Countersigned by (in case of a practical training in the apprenticeship training -BBL)
The Knowledge CentreVocational Education in Businesses:
Name: ......
Address: ......
Postal code and town: ......
Legal representative:
Name and initials: ......
Function: ......
Signature: ......
Date: ......
(If the employer is another person other than the practical training company)
The employer:
Legal representative:
Name and initials: ......
Function: ......
Signature: ......
Date: ......
2. Appendix Practical Training Agreement Form
This chapter contains the legal text of the Practical Training Agreement as determined by the Board of Directorsof ROC West-Brabant and is in effect on 1 August 2013. Rights may be relied upon only to this text. This text refers to the “Practical Training AgreementForm".
Article 4 Qualifications and Assessment Attainment
1. The point of departure for the vocational training are the regulations concerning education and examination, set by the educational institution and are applicable to all national, regional or local qualifications. At the basis of the vocational practical training lies a substantive plan, recorded in the regulations for education andexamination, or which is referred to the Guide and Regulations. These regulations are available for each student tosee, on an accessible place.
2. The educational institution assesses whether the student has achieved the qualifications.
The educational institution involves the judgment of the practical training company, if necessary, taking the rules and regulations of the educational institution withregard to education and examinations into consideration.
The procedure of assessment and the method ofexamination of achieving vocational qualifications are described in aforementioned education and examination regulations of the study programme and are also listed in thework-based assignments.
3. The practical training company is prepared to make assessment of the practical training at the workplace of the practical training company possible.
Article 5 Conduct
1. The student is obliged, in the interest oforder,health and safety, to observe rules and regulations,and (clothing) instructions.
The practical training company informs the student of these rules and regulations. Articles 14 and 15
from the educational agreement between the educational institution and the student on penalties
are applicable as well.
2. The student is obliged to observe secrecy with respect to all entrusted to him/her in confidentiality or any confidential information of which he/she has become aware, or any information of which he/she can reasonably expected to realise is confidential.
3. With regard to presence and absence during the practical vocational training, the rules enforced by the practical training company as well as the rules agreed upon in Article 10 of the Education Agreementapply to the student. Also, the participant is obliged, in case of absence and on return after absence,to inform the practical training educator and thesupervisor practical training immediately.
Article 6 Time Practical Training and Absence
1. For the student the daily time for practical training is in accordance with the working time that applies tothe work place where he/she is placed, unless otherwise agreed and not in conflict with
the Working Hours Act.
2. The student, who has got the status of an employeeat the company, provisions apply, regarding time off and leave, as contained in the conditions applicable to the practical training company. The participant, who has got the status of trainee,regarding time off and leave, provisions apply as contained in the holiday arrangements for students of theeducational institution, unless the participant and practical training company, or other wised agreed on.
3. The practical training company allows the student to take part in tests or exams of the educational institution, taking place during the period of vocational practical training.
Article 7 Liability and Insurance
1. The practical training company is liable with regard to the student for any damage/losses the student suffers during or in connection with the vocational training, unless the practical training company can demonstrate that it hascomplied with the requirements set out in Section 7:658 paragraph 1 of the Dutch Civil Code, or that the damage/losses are to a significant degree the result of intent or deliberate recklessness of the part of the student[1].
2. The educational institution is not liable for damage during or in connection with the
vocational training incurred by the participant to the practical training company or to third parties.
The practical training companyhas a company liability insurance against the financial risks of the company and also for the students/trainees.
3. The educational institution insures itself against the risks of legal liability for the benefit of the student. This is a secondary coverage, so theliability of the practical training company is the primary coverage.
4. The educational institution and the practical training company can not be held liable
for theft, embezzlement, loss and/or damage to property or possessions of the student at the workplace, or for any damage the student suffers in the event of suspension and/or disposal referred to in Articles 14 and 15 of theEducation Agreement.
Article 8 Further agreements
The practical training company and the studentmake an agreement to agree on issues such as:
• Separate facilities for specific groups of students;
• Tasks and activities of the student;
• Tasks and work of the participant (if it differs from Article 6 paragraph 1 of this
Agreement);
• Working hours and leave conditions of the participant (if it differs from Article 6 paragraph 2 of this
Agreement);
• Fees of the participant.
Article 9 Changes to the Agreement
For the duration of the Education Agreement between the educational institution and the student
the educational institution, the practical training company and the student can agree on changes in this Agreement in writing.
Article 10 Termination of Agreement
This Agreement shall terminate:
1. By expiry of the period for which the practical vocational training referred to in Article 2
of this contract is agreed on, or when the student makes a switch to other courses within the institution.
2. After completion of the examination or examinations of the training covered by this Agreement.
3.By termination of the agreement between the educational institution and the student.
4.If the employment contract betweenthe student, who has got the status of anemployee and the practical training company,is broken.
5. If the student leaves the educational institution prematurely or the student is disenrolled by the educational institution.
6. By mutual consent, after a conversation about this has taken place between
student, practical vocational trainer, practical supervisor and if possible a representative of the
Knowledge Centre. This method of termination must be in writing.
7.If the participant does not comply with the code of practical training company.
8. By dissolution or loss of legal status of the practical training company or when the company ceases to offer the work and position according to this practice agreement.
9. If otherwise, by act or omission of the student, can not reasonably be expected ofthe practical training company that this agreement shall remain intact.
10. By written notice to the parties by the educational institution, if the educational institution or
the Knowledge Centre issatisfied that the place where the practical vocational training is
Carried out is no longer available or fully available, the guidance provided has failed or is lacking,thepractical training company no longer has a favourable assessment of therelevant Knowledge Centre, or in the event other circumstances are present. which result in the failure of the practical vocational training.
Article 11 Final Article
1. In the event of problems or conflicts during the practical vocational training the student first turns to the practicaltrainer. Whena solution is not being reached for the student,the student will be referred to the practical supervisor. If the aforementioned persons in consultation can’t find a solution, the matter is referred to the management of the practical training company and the educational institution.
2. In cases not provided for in this Agreement, the Board of Directors of the practical training company and the educational institutionwill make a decision after consultation with the student. In the event issues are concerned that involve the responsibility of the relevant Knowledge Centre, this organisation will be involved in the process.
3. Disputes arising under this Agreement will be submitted to the competent court in Breda.
4. This agreement is exclusively governed by Dutch law.
5. If a translation of this Agreement is issued, then, indisputes about the interpretation of theagreement, the Dutch version shall prevail.
ROC West-Brabant Practical Training Agreement MBO – determined by the Board of Directors
on March 26, 2013 approved by the students council on March 20, 2013 –
effective August 1, 20131
[1]The employer is obliged to set up and maintain the premises, equipment and tools in which or with which he works with, in a proper way and take measures to have the work carried out, to provide information as is reasonably required, to prevent the employee from any harm while working (Civil Code, Book 7, Article 658 paragraph.