Apprenticeship act 1961

A detailed study of Apprenticeship Act, 1961 of India, covering the entire 3 chapters on Definitions, Duties of an employer and Obligations of an Apprentice, Period, Leave entitlements and Termination of Contract etc using an analogy of Harry Potter. Useful for law students, HR students and MBA students.

1. Apprenticeship Act, 1961 Karan Kumar 1MBA Reg. 18457

2. Objectives To provide for the regulation and control of training of apprentices and for matters connected therewith. To promote a conductive climate for training and imparting skills to youth To prepare the youth to meet the growing needs of fast expanding industries, trade and commerce to be gainfully employed therein. To resolve any grievances wrt the apprenticeship in a company or an institution. To ensure their training in accordance with the planned programme and monitor the progress thereof 2 Karan Kumar, SSSIHL

3. The Agenda: 3 Karan Kumar, SSSIHL

4. Have you seen Harry Potter !!! Oh who hasn’t  Then let’s use that to understand the Key players in the Apprenticeship Act, instead of mindlessly by hearting the law… Let’s use the Analogy of HP to deeply understand the Magic of Apprenticeship Act, 1961. Karan Kumar, SSSIHL 4

5. Karan Kumar, SSSIHL 5 SCHOOL STUDENT TEACHERS AUTHORITY UP HILL AUTHORITY Employer Apprentice Adviser Apprenticeship Council Establishment Apprentice

6. CHAPTER I: Definitions- Apprentice - sec(2(aa)) – ‘Apprentice’ means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. Apprenticeship training- sec(2 aaa ) means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices. "Apprenticeship Adviser” means the Central Apprenticeship Adviser appointed under sub-section (1) of Section 26 or the State Apprenticeship Adviser appointed under sub-section (2) of that section "Apprenticeship Council" means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of Section 24 “Employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment 6 Karan Kumar, SSSIHL

7. 7 Karan Kumar, SSSIHL Myriads of Avenues in various fields of interest by the Govt. of India

8. Chapter II Qualifications for being an apprentice: A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he- (a) is not less than fourteen years of age , and (b) satisfies such standards of education and physical fitness as may be prescribed. Reservations for SC/ST as the law may prescribe. 8 Karan Kumar, SSSIHL

9. Contract of Apprenticeship No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is minor , his guardian has entered into a contract of apprenticeship with the employer. The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1). 9 Karan Kumar, SSSIHL

10. Period of Apprenticeship In the case of trade apprentices who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests or examinations conducted by that Council or by an institution recognised by that Council]. The period of apprenticeship training shall be such as may be determined by that Council (6months -2 years) I n the case of other trade apprentices, the period of apprenticeship training shall be such as may be prescribed I n the case of graduate or technician apprentices, vocational apprentices the period of apprenticeship training shall be such as may be prescribed by the council. 10 Karan Kumar, SSSIHL

11. Termination of contract The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereto to the other party to the contract. After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract , if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the same 11 Karan Kumar, SSSIHL

12. Number of apprentices per trade T he Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio or trade apprentices to workers other than unskilled workers in that trade. The Apprenticeship Adviser may, by NOTICE IN WRITING, require an employer to engage such number of trade apprentices within the ratio determined by the Central Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: Provided, that in making any requisition under this sub-section, the Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned. 12 Karan Kumar, SSSIHL

13. Duties of the Employer To provide the apprentice with the practical training in his trade in accordance with the provisions of the act. Where an employer employs 500 or more workers, the basic training shall be imparted to the trade apprentices either in separate parts of the workshop building or in a separate building. Must appoint the right person to supervise the apprentice during in plant training Payment of Stipend at a rate not less than the prescribed minimum rate. The employer shall NOT pay any bonus/incentive or piece wages to him Ensure Health, Safety and Welfare of Apprentices, in case of injury pay in accordance with the Workmen’s compensation Act,1923 13 Karan Kumar, SSSIHL

14. Obligations of Apprentices T o learn his trade conscientiously and diligently and endeavor to qualify himself as a skilled craftsman before the expiry of the period of training To attend practical and instructional classes regularly To carry out all lawful orders of his employer and superiors in the establishments To carry out his obligations under the contract of apprenticeship. 14 Karan Kumar, SSSIHL

15. Hours of Work, Leave & Holiday The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed. (42-48 hours per week) No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest. An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training. CL-12 days per year ML-15 days per year EL-10 days per year 15 Karan Kumar, SSSIHL

16. Apprentices are ‘trainees’ not ‘Workers’ Every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be trainee and not a worker T he provisions of any law with respect to labor shall not apply to or in relation to such apprentice. As a trainee, he is entitled to ‘stipend’ and NOT ‘wages/salary ’ . He is NOT entitled to ‘Bonus/ incentive’ only the designated stipend. Since he/she is not an Employee, will NOT be entitled to ‘EPF’ ‘ESI’ amendment 29 excludes apprentice from the benefit of Insurance. 16 Karan Kumar, SSSIHL

17. Records and Returns & Dispute Settlement Every employer shall maintain records of the progress of training of each apprentice undergoing apprenticeship training in his establishment in such form as may be prescribed. Every such employer shall also furnish such information and return in such form, to such authorities and at such intervals as may be prescribed. Any dispute arising out of the contract should be refered to the Apprenticeship Adviser fro Decisions The aggrieved person may appeal within 30 days to the Apprenticeship Council. The decision of the committee will be deemed final. Karan Kumar, SSSIHL 17

18. Test and Grant of Certificate. Every trade Apprentice who has completed the period of training shall appear for a test conducted by the National Council to determine his proficiency in the designated area. Every trade apprentice who passes the test referred earlier shall be granted a certificate of proficiency in the designated trade. The proficiency of the apprentice(vocational) must be assessed time to time. 18 Karan Kumar, SSSIHL