Section 10209 Of Chapter 3.5. Employment Training Panel From California Unemployment Insurance Code >> Division 3. >> Part 1. >> Chapter 3.5.
10209
. (a) Contracts shall only be made for training in job-related
vocational skills that are necessary for participants to attain a
new job or retain an existing job with definite career potential and
long-term job security. The contracts for vocational skills training
may include ancillary training for job-related basic and literacy
skills training if the panel finds that the training is necessary to
achieve the objectives of the vocational training.
(b) The panel shall not approve any training proposal which
facilitates the change in ownership of a business leading to the
likelihood that an existing collective bargaining agreement would be
declared void.
(c) To encourage a broad and equitable distribution of funds, the
panel may require an employer who has previously received funds
pursuant to this chapter for retraining of workers at a facility to
contribute proportionately more to the cost of training in subsequent
panel contracts for training of workers at the same facility.
(d) The panel may delegate to the executive director the authority
to approve training contracts of up to one hundred thousand dollars
($100,000), provided the contracts meet the requirements of this
chapter and the policies established by the panel, and provided that
the panel regularly reviews the actions taken by the executive
director pursuant to this subdivision.
(e) Payments shall be made in accordance with a performance
contract under which partial payments may be made during training, a
partial payment may be made on placement or retention of each
trainee, and not less than 25 percent of the negotiated fee is
withheld until the trainee has been retained in employment for 90
days after the end of training with a single employer, except for
those occupations in which it is not customary for a worker to be
employed 90 consecutive days with a single employer. In these latter
cases, the panel may substitute a period similar to the probationary
period customary to the occupation. The probationary period shall not
be less than 500 work hours and shall be completed within 272 days
of the completion of the training. In no case shall any payment be
considered to have been earned until the trainee has been retained in
employment for 90 days or the equivalent probationary period for an
occupation in which it is not customary for a worker to be employed
90 consecutive days with a single employer.
(f) Contracts for new hire training shall require the contractor
to provide the placement services necessary to ensure the trainees
are placed in jobs for which they have been trained.