Chapter 6(G) Apprentices Act, 1961 – CS Professional Labour Laws and Practice Notes is designed strictly as per the latest syllabus and exam pattern.
Apprentices Act, 1961 – CS Professional Labour Laws and Practice Study Material
Question 1.
Write notes on the following:
Apprentice
Answer:
- Apprentice means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.
- Apprentice should be >=14 years of age and for >=18 years of age
- He/ she should satisfy the prescribed standards of education and physical fitness
- Apprentice is required to enter into contract of apprenticeship with the employer.
- In case he/she is minor, his/her guardian need to enter into such contract.
Question 2.
What was the rationale for enactment of Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.
Answer:
- The Apprentices Act, 1961 enacted to regulate and control the programme of training of apprentices and for matters related therewith.
- he Act makes it obligatory on part of the employers both in public and private sector establishments having requisite training infrastructure as laid down in the Act.
- Every employer shall have the obligations in relation to an apprentice to provide the apprentice with training in his/ her trade in accordance with the provisions of the Act.
- It aims to streamline the provisions of training of apprentice, casting obligations on employers to provide training and provide better opportunities for youth.
- The Act extends to whole of India.
Question 3.
Describe the Contract for apprenticeship.
Answer:
- As per the apprentices Act, it is mandatory for Employer to enter into a contract of apprenticeship with the person interested to work as an apprentice in a designated trade.
- In case he/she is minor, his/her guardian need to enter into such contract.
- Every contract of apprenticeship entered shall be sent by the employer within 30 days to the Apprenticeship Adviser until a portal-site is developed by the Central Government.
- The details of contract of apprenticeship shall be entered on the portal-site within 7 days, for verification and registration.
- In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall convey the objection to the employer within 15 days from the date of its receipt.
- The Apprenticeship Adviser shall register the contract of apprenticeship within 30 days from the date of its receipt
Question 4.
What are the obligations casted upon Employer under Apprentices Act?
Answer:
- Employer should provide the apprentice with the training in his trade in accordance with the provisions of the Act.
- In case the employer is not himself qualified in the trade, he needs to ensure that a person who possesses the prescribed qualifications is placed in charge of the training of the apprentice
- Employer needs to provide adequate instructional staff, for imparting practical and theoretical training and facilities for trade test of apprentices;
- Lastly, employer needs to comply with all obligations undertaken as per the contract of apprenticeship.
Question 5.
What are the obligations casted upon Employee under Apprentices Act?
Answer:
- Employee should learn trade conscientiously and diligently
- Employee needs to attend practical and instructional classes regularly
- He / she should carry out all lawful orders of his employer and superiors in the establishment; and
- He/ she needs to comply with all obligations under the contract of apprenticeship.
Question 6.
Write notes on the following:
Penalties on account of breach of Apprentices Act, 1961
Answer:
| Employer’s failure to give a month’s notice relating to the number of apprentices | Fine of ₹ 500 per shortfall of apprenticeship month for fist three months and thereafter ₹ 100 per month |
| If employer refuses or neglects to furnish such information or return | ₹ 1,000 |
| If employer refuses or wilfully neglects to afford reasonable facility for making any entry, inspection, examination or inquiry | ₹ 1,000 |
| If employer makes apprentice to work overtime without the approval of the Apprenticeship Adviser | ₹ 1,000 |
| If employer makes apprentice work which is not connected with his training | ₹ 1,000 |
| If employer makes payment to an apprentice on the basis of piece-work | ₹ 1,000 |
Apprentices Act, 1961 Notes
Background:
- Apprentices Act, 1961 has been amended and renamed as Apprentices (Amendment) Act, 2014 with effect from 22nd December, 2014.
- These amendments have been made with the objective of expanding the apprenticeship opportunities for youth.
- Non engineering graduates and diploma holders have been made eligible for apprenticeship.
- A portal is being setup to make all approvals transparent and time bound. Apprenticeship can be taken up in new occupations also.
Apprentice
Means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.
Appropriate Government:
Central Government, in relation to-
- Central Apprenticeship Council
- Regional Board
- TechnicianA/ocational Apprentice
- Establishment of Railway, major port, mine or oilfield
- Establishment (in business or trade) located in 4 or more states
- Owned, managed or controlled by Central Government
- Establishment Company where 51 % or more is held by Central or State Government
- Corporation established under Central Act
State Government, in relation to- - State Apprenticeship Council
- Any other
Qualification for being a Apprentice:
- Is >=14 years of age
- For designated trades/ hazardous industries: >=18 years of age
- Satisfies such standards of education and physical fitness as may be prescribed
- Different standards may be prescribed in relation to apprenticeship training in different designated trades and for different categories of apprentices.
Contract for apprenticeship:
- No person shall be engaged as an apprentice to under go apprenticeship training in a designated trade unless such person has entered into a contract of apprenticeship.
- In case he/she is minor, his/her guardian need to enter into such contract.
- Every contract of apprenticeship entered shall be sent by the employer within 30 days to the Apprenticeship Adviser until a portal-site is developed by the Central Government.
- The details of contract of apprenticeship shall be entered on the portal-site within 7 days, for verification and registration.
- In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall convey the objection to the employer within fifteen days from the date of its receipt.
- The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from the date of its receipt.
- Every trade apprentice who has completed the period of training may appear for a test to be conducted by the National Council or any other agency d to determine his proficiency in the designated trade & the one who passes the test shall be granted a certificate of proficiency in the trade by the National Council / other agency.
- Where there is a condition in a contract of apprenticeship that the apprentice shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract.
Offence & Penalties :
| Employer’s failure to give a month’s notice relating to the number of apprentices | Fine of ₹ 500 per shortfall of apprenticeship month for first three months and thereafter ₹ 1,000 per month |
| If employer refuses or neglects to furnish such information or return | ₹ 1,000 |
| If employer refuses or wilfully neglects to afford reasonable facility for making any entry, inspection, examination or inquiry | ₹ 1,000 |
| If employer makes apprentice to work overtime without the approval of the Apprenticeship Adviser | ₹ 1,000 |
| If employer makes apprentice work which is not connected with his training | ₹ 1,000 |
| If employer makes payment to an apprentice on the basis of piece-work | ₹ 1,000 |
Other Provision:
- Termination of apprenticeship contract
- The contract of apprenticeship shall terminate on the expiry of the period of the apprenticeship training.
- Either party to a contract of apprenticeship may make an application to the apprenticeship advisor for the termination of the contract.
- The Apprenticeship Adviser, may, by order in writing, terminate the contract.
- Number of apprentices for a designated trade
- Central Government after consulting the Central Apprenticeship Council, determine for each designated trade the ratio or trade apprentices to workers other than unskilled workers.
- 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.
- Practical & basic training of apprentices:
- Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him.
- Obligations of employers
- To provide the apprentice with the proper training.
- To provide adequate staff for imparting training to the apprentice.
- Obligations of apprentices
- To learn his trade conscientiously & diligently
- To attend practical & instructional classes regularly
- To carry out all lawful orders of his employer.
- Payment to apprentices
- Employer shall pay to every Apprentices during the period of apprenticeship training such stipend at a rate not less than the prescribed rate.
- The stipend shall be paid at such intervals as may be specified in the contract of apprenticeship.
- Health, safety & welfare of apprentices
- Provisions of Factories Act, 1948 shall apply in relation to the health, safety & welfare of the apprentices as if they were workers within the meaning of that Act.