related to labour law

1. The Apprentices Act 1961
By group no 1

2. 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.

3. 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.

4. 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.

5. ¤ Other trade apprentices, the period of training shall
be prescribed.
¤ Graduate or technician apprentices period of training
as may be prescribed.

6. Sairaj

7. OBLIGATIONS OF AN APPRENTICE TO
ACCEPT EMPLOYMENT FROM
EMPLOYER
 it is not obligatory on the part of the employer
to offer any apprentice who has completed his
period of apprenticeship

8. OBLIGATIONS OF THE APPRENTICE
Every trade apprentice undergoing apprenticeship
training 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 and
4) To carry out his obligations under the contract of
apprenticeship.

9. Every graduate or technician apprentice undergoing
apprenticeship training shall have the following
obligations, namely:-
1) To learn his subject field in engineering or
technology conscientiously and diligently at his
place of training
2) To attend the practical and instructional classes
regularly
3) To carry out all lawful orders of his employer and
superiors in the establishment, and
4) 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

10. OBLIGATIONS OF EMPLOYERS
TOWARS APPRENTICES
Without prejudice to the other provisions of the
Act, every employer shall have the following obligations
in 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 under
2) 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; and
3) To carry out his obligations under the contract of
apprenticeship

11. 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.

12. APPRENTICES AND COVERAGE UNER
EMPLOYEES’ 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

13. APPRENTICES AND COVERAGE UNDER
EMPLOYEES 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.

14. 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.

15.  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.

16. 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 ;

17.  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.

18. (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;

19.  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.

20.  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.

21. ( 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 .

22. Violation of the act by an employer –
consequences OF
1.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

23.  (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.

24. 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

25.  (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.

27. TERMINATION OF
APPRENTICESHIP 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

28. 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

29. 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

30. EMPLOYMENT EXCHANGE
SPONSORING NOT NECESSARY
 Eligible to be considered for any future
appointment, without being sponsored by any
employment exchange

31. 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

32. Penalties
Action/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

33. 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

34. 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 scheme
Contravening the provisions of the no Up to
Act for which no punishment is Rs.500
provided