THE OBJECT¤ To meet the increasing demand for skill craftsmen.¤ To utilize facilities available for training apprentices.¤ To ensure their training in accordance with plan programme.¤ Promotion of new man power skill.¤ Improvement & refinement of old skill.
STANDARD OF EDUCATION FOR APPRENTICES¤ He shall satisfy the minimum educational qualifications as specified in schedule 1.¤ A person shall be eligible for been engaged as graduate or technician or technician vocational apprentices.
PERIOD OF APPRENTICESHIP TRAINING¤ who undergone institutional training in a school or other institution recognised by national council period of apprenticeship training shall be such as determine by council or institution recognise by that council.¤ Who undergoes institutional training in a school or other institution recognised by board or authority notified in official gazette period of apprenticeship training shall be as may be prescribed.
¤ Other trade apprentices, the period of training shall be prescribed.¤ Graduate or technician apprentices period of training as may be prescribed.
OBLIGATIONS OF AN APPRENTICE TOACCEPT EMPLOYMENT FROMEMPLOYER it is not obligatory on the part of the employer to offer any apprentice who has completed his period of apprenticeship
OBLIGATIONS OF THE APPRENTICEEvery trade apprentice undergoing apprenticeshiptraining shall have the following obligations, namely:-1) To learn his trade conscientiously and diligently and Endeavour to qualify himself as a skilled craftsmen before the expiry of the period of training;2) To attend practical and instructional classes regularly;3) To carry out all lawful orders of his employer and superiors in the establishment and4) To carry out his obligations under the contract of apprenticeship.
Every graduate or technician apprentice undergoingapprenticeship training shall have the followingobligations, namely:-1) To learn his subject field in engineering or technology conscientiously and diligently at his place of training2) To attend the practical and instructional classes regularly3) To carry out all lawful orders of his employer and superiors in the establishment, and4) To carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as may be prescribe
OBLIGATIONS OF EMPLOYERSTOWARS APPRENTICESWithout prejudice to the other provisions of theAct, every employer shall have the following obligationsin relation to an apprentice, namely:-1) To provide the apprentice with the training in his trade in accordance with the provisions of the Act, and the rules made there under2) If the employer is not himself qualified in the trade, to ensure that a person who possesses the prescribe qualifications is place in charge of the training of the apprentice; and3) To carry out his obligations under the contract of apprenticeship
APPRENTICES AN BONUS By the very definition of the ‘employee’, the apprentices are not eligible for bonus as per section 2 (13) of the payment of bonus Act.
APPRENTICES AND COVERAGE UNEREMPLOYEES’ PROVIENT FUNDS ACT An apprentice is not an ‘employee’ as defined by the Employees’ Provident Fund and Miscellaneous Provision Act. ‘employees’ provides that it will include any person engaged as an apprentice, not being an apprentice engaged under Apprentice Act, 1961
APPRENTICES AND COVERAGE UNDEREMPLOYEES STATE INSURANCE ACT The Amending Act 29 of employees’ State Insurance Act, 1989 while defining an employee under the ESI Act has provided that it goes not include any person engaged as an apprentice under the Apprentices Act 1961 or under the Standing Orders of the establishment.
Hours of work The daily hours of work of an apprentice shall not be more than 8 hours per day and weekly hours not less than 40 hours but not more than 45 hours. A short term apprentice may however be engaged to work up to a maximum limit of 48 hours per week. The hours of training of the apprentice should not be between 10pm and 6am except with the prior approval of the apprenticeship adviser.
An apprentice is entitled to leave in accordance with the leave rules which exist for the workers of that establishment provided every apprentice must put in a minimum attendance of 264 days in a year of training, of which1/6th should be devoted to related instructions and 220 days to practical training.
Grant of leave to apprentice(a) Casual leave : Casual leave shall be admissible for a maximum period of twelve days in a year ; Any holidays intervening during the period of casual leave shall not be counted for purpose of the limit of twelve days ; Casual leave not utilised during any year shall stand lapsed at the end of the year ;
Casual leave shall not be combined with medical leave . if casual leave is preceded or followed by medical leave, the entire leave taken shall be treated either as medical or casual leave provided that it shall not be allowed to exceed the maximum period prescribed in respect of medical or casual leave, as the case may be; Except in case of extreme urgency applications for such leave shall be made to appropriate authority and sanction obtained prior to the availing of leave.
(b) medical leave : Medical leave up to fifteen days of each year of training may be granted to the apprentice who is unable to attend duty owing to illness. The unused leaves shall be allowed to accumulate up to a maximum of forty days;
Any holidays intervening during the period of medical leave shall be treated as medical leave and accounted for in the limits prescribed under clause(i) The employer may call upon the apprentice to produce a medical certificate from a registered medical practitioner in support of his medical leave.
A medical certificate shall, however , be necessary , if the leave exceeds six days; It shall be open to the employer to arrange a special medical examination of an apprentice if he has reason to believe that the apprentice is not really ill or the illness is not of such a nature as to prevent his attendance.
( c) extraordinary leave : Extraordinary leave up to a maximum of ten days in a year may be granted to the apprentice, after he has exhausted the entire casual leave and medical leave , if the employer is satisfied with the genuineness of the ground on which the leave is applied for .
Violation of the act by an employer –consequences OF1.The apprentices act provides that if any employer (a) engages as an apprentice a person who is not qualified for being so engaged or (b) fails to carry out the terms and conditions of a contract of apprenticeship; or
(c) contravene the provisions of the act relating to the number of apprentices which he is required to engage under those provisions, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
2.If any employer or any other person (a) requires an apprentice to work over-time without the approval of the apprenticeship adviser ;or (b) employs an apprentice on any work which is not connected with his training; or
(c) makes payment to an apprentice on the basis of piece- work or ; (d)requires an apprentice to take part in any output bonus or incentive scheme, he shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.
TERMINATION OFAPPRENTICESHIP CONTRACT on the expiry of the period of apprenticeship training application to the Apprenticeship Adviser for the termination of the contract send by post a copy to the other party to the contract Apprenticeship Adviser may by order in writing terminate the contract
TERMINATION OF CONTRACT-CONSEQUENCES OF On the part of the employer Pay the apprentice compensation of an amount equivalent to his three months’ last drawn stipend On the part of the apprentice training cost of an amount equivalent to his three months’ last drawn stipend
STIPEND TO THE APPRENTICE rates of stipend for different categories be asked from the Apprenticeship Adviser in particular state, wherein the factory or the establishment is located
EMPLOYMENT EXCHANGESPONSORING NOT NECESSARY Eligible to be considered for any future appointment, without being sponsored by any employment exchange
SETTLEMENT OF DISPUTES Any disagreement shall be referred to Apprenticeship adviser aggrieved by the decision of the said Authority, may within 30 days, prefer an appeal against such decision to the Apprenticeship Council shall be heard and determined by a Committee of that Council appointed for the purpose
PenaltiesAction/omission Penalty Imprisonm Fine ent up to• Engaging as an apprentice a Six Not person who is not qualified for months specified being so engaged but can• Failure to carry out terms and be conditions of apprenticeship imposed contract• Contravention of the act relating to number of apprentices which he is required to engage
Action/omission Penalty Imprisonm Fine ent up to• Refusal to furnish any information Six Not or return months specified• Furnishing false return but can• Refusal to answer or giving false be information imposed• Refusing to extend reasonable facility to the competent Authority under the Act for making any entry, inspection, examination or inquiry• Requiring Apprentice to work overtime without approval of the Apprenticeship Adviser
Action/omission Penalty Imprisonm Fine ent up to• Employing an apprentice on work Six Not not connected to his training months specified• Making payment to an apprentice but can on the basis of piece work rate be• Requiring an apprentice to take imposed part in any output bonus or incentive schemeContravening the provisions of the no Up toAct for which no punishment is Rs.500provided