Presented By 2050 Knowledge Corporation – Speaker – John Boon, J.D.
Available – Training Catalog
Workplace integrated learning (WIL) is a hot topic – not just in education sectors, but in worlds of politics, economic development and enterprise management.
- Education and work are not linear time and place constrained events.
- Existing contracts – key to understanding relationships and distinctions.
- Education is the key to productive work.
- Workplace integrated learning – institution program, corporate training or professions focused.
- Long protected contract freedoms and contract law apply to all education sector contracts – including multiple workplace integrated learning contracts.
- Contract relationships – institution and student – institution and host – host and student (not always required).
- Multiple contracts work better than one contract (exceptions are rare).
- Institutions provide a contract service to students – that may include a work experience element made possible by the institution contracting for a service input from a workplace host.
- Institutions and hosts do not jointly contract with students – institution provides 100% of the education service (exceptions are rare).
- Why all contract parties – and regulators – must be cautious with WIL.
- Limited authority of state actors to impose any service contract’s terms – including the nature of a WIL program or how it is assembled with hosts.
- Contracts may trigger regulation if contract risk mitigation needs public and private law instruments.
- Regulators make and enforce laws – contract parties make and enforce their contract.
- Regulators can govern how a service is provided – not what is provided.
- Education quality regulators cannot usurp authority of workplace regulators.
- Legal issues exist if long periods of work are not supervised by institutions.
- The term “Integrated” – in this context – gives rise to multiple issues.
- Parties in each contract or in distinct contracts are not integrated – they don’t jointly contract with third parties.
- The word “Integrated” is often properly used if work is made an element of an education service contract program. – the host is not integrated as an education service provider.
- It can also be used if work experience is an element of the requirements a profession imposes on a member applicant. – profession standards protect consumers of a professional’s service.
- Many terms are used to describe WIL types – no universally accepted legal definitions
- Terms draw their meaning from institution and student contract intentions – not regulation – what the parties contractually agree to.
- Regulation must not needlessly restrict private bargains, experimentation and innovation.
- Hosts contract with institutions to help institutions build work experience services for students – that service to students is delivered as part of the institution and student education contract.
- Placements relate to duties the host has to the institution.
- Institutions should not contractually promise to students what they cannot provide directly or provide by way of third party legal commitments.
- Scarce placements create gateways for otherwise qualified persons.
- Institutions must rely more on existing technology and other service inputs in the community – and rely less on governments paying to provide everything onsite.
- Education WIL can involve students having a separate employment contracts (paid – unpaid) with hosts.
- The student is then both an education service consumer and a workplace service provider – the separate and distinct contracts must have complementary provisions.