June 26, 2024

Hours of work, overtime, leave and holidays [(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed.] (2) 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. [(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training.]

Payment to apprentices (1) The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the [prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentice falls, whichever is higher,] as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed. STATE AMENDMENT MAHARASHTRA In section 13, after existing sub-section (1), the following sub-sections shall be inserted w.e.f. a date yet to be notified. – Vide Maharashtra Act No.XVII of 2018 “(1A) The minimum rate of stipend per month payable to trade apprentices who do training for eight hours per day shall be as follows, namely:—   (a) During the first year of training .. Seventy per cent of minimum wages of semi-skilled workers notified by the State.   (b) During the second year of training .. Eighty per cent of minimum wages of semi-skilled workers notified by the State.   (c) During the third year of training .. Ninety per cent of minimum wages of semi-skilled workers notified by the State. (1B) The trade apprentices who do training for minimum four hours per day, the rate of stipend per month shall be fifty per cent of the rates mentioned in clauses (a), (b) and (c) of sub-section (1A), respectively: Provided that, in the case where the minimum rate of wage for a trade is not notified by the State, then the miximum of minimum wages of the Scheduled Employment notified by the State for semi-skilled workers shall be taken into account for paying the stipend in respect of that trade: Provided further that, in the case of trade apprentices referred to in clause (a) of section 6 of the Act, the period of training already undergone by them in a school or other institution recognised by the State Council, shall be taken into account for the purpose of determining the rate of stipend payable.” [(2) An apprentice shall not be paid by his employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive scheme.]

Obligations of apprentices [(1)] [Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely:—  (a)  to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training;  (b)  to attend practical and instructional classes regular­ly;   (c)  to carry out all lawful orders of his employer and superiors in the establishment; and  (d)  to carry out his obligations under the contract of apprenticeship. [(2) Every graduate or technician apprentice, [technician (vocational) apprentice] undergoing apprenticeship training shall have the following obligations, namely:—  (a)  to learn his subject field in engineering or technology [or vocational course] conscientiously and diligently at his place of training;  (b)  to attend the practical and instructional classes regu­larly;    (c)   to carry out all lawful orders of his employer and superiors in the establishment;             ( d)       to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such re­cords of his work as may be prescribed.]

Obligations of employers Without prejudice to the other provisions of this Act, every employer shall have the following obligations in relation to an apprentice, namely:— (a)   to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder; (b)   if the employer is not himself qualified in the trade, to ensure that a person [who possesses the prescribed qualifications] is placed in charge of the training of the apprentice; [* * *] [(bb)   to provide adequate instructional staff, possessing such qualifications as may be prescribed, for imparting practical and theoretical training and facilities for trade test of apprentices; and] (c)   to carry out his obligations under the contract of apprenticeship.

Practical and basic training of apprentices [(1) Every employer shall make suitable arrangements in his workplace for imparting a course of practical training to every apprentice engaged by him.] (2) [The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf] shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme : Provided that [the State Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government. [(3) Such of the trade apprentices who have not undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workplace for practical training, undergo a course of basic training and the course of basic training shall be given to the trade apprentices in any institute having adequate facilities.] (4) Where an employer employs in his establishment five hundred 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 which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy instalments to meet the cost of the land, construction and equipment for such separate building. (4A) [***] (4B) [***] (5) [***] (6) [***] [(7) In the case of an apprentice other than a graduate or technician apprentice or technician (vocational) apprentice, the syllabus of and the equipment to be utilised for, practical training including basic training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council. (7A) In the case of graduate or technician apprentices or technician (vocational) apprentices, the programme of apprenticeship training and the facilities required for such training in any designated trade shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council.] (8)(a) Recurring costs (including the cost of stipends) incurred by an employer in connection with [[* * *] basic training, imparted to trade apprentices other than those referred to in clauses (a) and (aa)] of section 6 shall be borne— (i)   if such employer employs [two hundred and fifty] workers or more, by the employer; (ii)   if such employer employs less than [two hundred and fifty] workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and (b) Recurring costs (including the cost of stipends), if any, incurred by an employer in connection with [practical training, including basic training, imparted to trade apprentices referred to in clauses (a) and (aa)] of section 6 shall, in every case, be borne by the employer. [(c) Recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices, [technician (vocational) apprentices] shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone [except apprentices who holds degree or diploma in non-engineering].

Number of apprentices for a designated trade and optional trade (1) The Central Government shall prescribe the number of apprentices to be engaged by the employer for designated trade and optional trade. STATE AMENDMENT MAHARASHTRA In section 8, after the existing sub-section (1), the following sub-section shall be inserted w.e.f. a date yet to be notified. – Vide Maharashtra Act No.XVII of 2018 “(1A) Notwithstanding anything contained in sub-section (1), the establishment shall have to engage trade apprentices to the extent of minimum 2.5 per cent and maximum 25 per cent of the total strength of the employees of establishment including contractual or daily wages or whose services have been available through third party in any designated trades or optional trades for which activities are carried out in that establishment.” (2) Several employers may join together either themselves or through an agency, approved by the Apprenticeship Adviser, according to the guidelines issued from time to time by the Central Government in this behalf, for the purpose of providing apprenticeship training to the apprentices under them.]

Termination of apprenticeship contract (1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. (2) 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 thereof to the other party to the contract. (3) 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 that it is desirable in the interests of the parties or any of them to terminate the same: Provided that where a contract is terminated— (a)   for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may be prescribed; (b)   for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser. STATE AMENDMENT MAHARASHTRA In section 7, the existing proviso shall be substituted w.e.f. a date yet to be notified. – Vide Maharashtra Act No.XVII of 2018 “Provided that, where a contract is terminated— (a)   for failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice one month’s stipend for which he is entitled as a compensation; (b)   for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training one month’s stipend for which he is entitled.” [(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a new employer, the Apprenticeship Adviser may, if he is satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer.]