APPRENTICES ACT, 1961

The Act's primary goal is to give practical training to technically trained individuals in various trades. The goal is to promote new skilled labor. The Act applies to areas and sectors that have been designated by the Central Government.

Scheme

There are 38 Sections and 1 Schedule. This Schedule concerns changes to the Workmen's Compensation Act of 1923 about its applicability to apprentices under the Apprentices Act of 1961.

Employer Responsibilities

• Every employer is required to give the apprentice trade training by the requirements of this Act and the rules enacted thereunder.?
• If the employer is not trained in the trade, he must guarantee that a person with the required qualifications is in charge of the apprentice's training.
• There will be designated positions in every trade for scheduled castes and scheduled tribes. The Central Government will establish the ratio of trade apprentices to workers.
• Employers may hire more apprentices than the minimum standard and make sure to provide provisions for the apprentice's practical training.
• Apprentices will be paid stipends at predetermined rates by the employer. If the number of employees is fewer than 250, the government will bear half of the costs. If an employer employs more than 250 people, he must fund the whole expense of training.

Apprentice Obligations

• A trade apprentice undergoing apprenticeship training has the following requirements:?
• to learn his trade sincerely and diligently and to strive to qualify himself as a skilled craftsman before the conclusion of the training term;?
• to attend practical and instructional courses regularly;?
• to carry out all lawful instructions of his employer and superiors in the establishments;?
• and to carry out his commitments under the apprenticeship contract.
• Additionally, the apprentices need to master their topic in Engineering or Technology or Vocational Courses.

Who may be an Apprentice: An apprentice must be at least 14 years old and meet the necessary standards of education and physical health.

Training slots reserved for scheduled castes

Section 3A states that the employer must reserve training places in every designated trade for the Scheduled Castes and Scheduled Tribes.?

Length of Training: The Apprenticeship Regulations, 1991, specify the duration of the training and the apprentice-to-skilled-worker ratio for various trades. It can last anywhere from 6 months to 4 years, depending on the trade. The assigned apprentice must sign an apprenticeship contract with the employer. The apprenticeship Adviser must be notified of the contract. If the apprentice is a minor, his guardian must sign the agreement.?

In a year, an apprentice is entitled to 12 days of casual leave, 15 days of medical leave, and 10 days of unusual leave.

Date of beginning of apprenticeship training

• The apprenticeship training must be assumed to have begun on the day the apprenticeship contract is signed.
• Registration: It will be registered after three months of signing by delivering it to the apprenticeship advisor. The apprenticeship advisor will first check whether the individual is qualified for the job and then sign it.?
• However, The registration of an apprenticeship contract is not a required component of the definition of an apprentice.

Contract terms and conditions

The contract may include any terms and conditions agreed upon by the deal's parties. If the Central Government, after consulting the Central Apprenticeship Council, adds different rules or modifies them, then it needs to be immediately changed.

Payment to apprentice

An employer must pay the stipend at the right time authorized by the law and conditions. An apprentice, on the other hand, shall not be compensated on a piece-work basis, nor shall he participate in any production bonus or other incentive program.

Contract termination

The apprenticeship training contract will expire at the end of the apprenticeship training period. Either party may apply to the Apprenticeship Adviser for contract termination and send a copy of the same to the other party, who shall register the same upon being satisfied that the parties have failed to carry out the terms and conditions of the contract. However, if the contract is ended due to the employer's inability to honor the contract, the employer must give the apprentice the specified amount of compensation. If the contract is ended due to the apprentice's failure, he or his guardian must reimburse the employer for the cost of the training.