The primary objective of the Apprentices Act 1961 was to train people as apprentices and give them an exposure to the employee work culture. The government felt the need that such apprentices if given proper training with proper amenities, they will have an insight to the real life working of employees which will give them an unparalleled exposure which would help them to excel in the field in the future. The Act makes it obligatory for the designated trades to impart training to the apprentices. Apprentices are also divided into four types:
- technician and
- trade apprentice
- Vocational technician apprentices.
A person receiving an apprentice training should have attained an age of 14 years and for the trades where safety issues are concerned to the apprentice should have attained 18 years. An apprentice takes training or masters the competencies and masters the certain craft.
Contract of Apprenticeship
For an apprenticeship contract to be executed, an apprentice and an employer need to sign an agreement in which for a particular duration, an apprentice will be trained under an employee in which he will be imparted education in relation to a particular skill and will be trained with the same benefits and services as given to the employees. At the end of the apprenticeship, the employer will issue a certificate of apprenticeship to the apprentice mentioning the duration certifying the successful completion of the apprenticeship complied with the terms and conditions and under the provisions of the Act.
The terms and conditions which are mentioned in the contract should be mutually agreed between both the parties. If an apprentice is minor, an agreement has to be signed via his father or mother. In apprenticeship schemes, the apprentice gets skilled and trained by the employer, which makes them an asset. Employer’s participation in apprenticeship programs aids the organization in attracting top talent. Being a part of the apprenticeship programs the employer makes sure that the training standards are met regularly. According to Section 4 of the Apprenticeship Act, the apprentice and the employer need come to a contract with the apprentice which needs to be executed by the apprentice advisor.
According to Section 6 of the Apprenticeship Act, the period of an apprenticeship will be deemed to have commenced on that day on which the contract of apprenticeship has been entered. Duration of the apprenticeship period has also been prescribed in Apprenticeship Rules, 1991. Duration of Apprenticeship may be from six months to four years depending on the alternate, as prescribed in Rules and decided via National Council for Education in Vocational Trades.
Format No. 1 Apprenticeship Agreement
This Apprenticieship Agreement is entered into on………………….. between XY (hereinafter called the “Apprentice”) of the ONE PART
The Government of Haryana (hereinafter called “The Haryana Government”) on the OTHER PART
WHEREAS the Apprentice have successfully completed the course of Mechanical Engineering and have diploma in the same from ITI and have applied to the PWD, Haryana for practical training.
AND WHEREAS the PWD have accepted the application and have agreed to give
practical training to the Apprentice on the following terms and conditions:-
NOW THIS DEED WITNESSES AS UNDER:
1. That the apprentice at his own free will has consented to work as an apprentice for a minimum period of 12 months.
2. That the apprentice has further agreed that during the said period of 12 months, he will not be entitled to any remuneration.
3. That the apprentice will work 8 hours a day to the satisfaction of his officer-in-charge.
4. That the apprentice shall not operate or deal with any machine without the assistance of his officer-in-charge.
5. That the apprentice shall keep a diary of the daily work done by the apprentice.
6. That the apprentice shall be bound by the provisions of Apprentice Act and Rules framed therein.
7. That the apprentice shall not be entitled to any appointment in the PWD after the completion of his apprenticeship.
8. That the apprentice shall not lay any claim to the remuneration or to the appointment in any form whatsoever.
9. That the apprentice shall be treated as a trainee and not as a worker.
10. That the apprentice shall abide by the Rules and Regulations in all matters and conduct and discipline to carry out all lawful orders of the employer.
11. That the apprentice shall maintain a record of his work during the period of his apprenticeship training, as per proforma approved by the Apprenticeship Adviser.
12. That the contract of apprenticeship can be terminated without compensation if the apprentice secures gainful employment or in case the apprentice is unable to continue on medical grounds.
IN WITNESS WHEREOF the parties have singed this Apprenticeship Agreement on the day, month and year, as aforesaid.
(for Haryana Government)
Format No. 2 Apprenticeship Agreement
This contract is made on this __________ day of ________ at ____________between ABC having business at_______ (hereinafter for the sake of brevity and convenience referred to as the employer of the First Part AND XYZ, residing at_________; (hereinafter for the sake of brevity and convenience referred to as the `Apprentice’) of the Second Part.
WHEREAS the apprentice has requested the employer to employ the apprentice as an apprentice for training in the trade of_____________________.
AND WHEREAS the employer having satisfied himself that the apprentice has all the requisite qualifications for being engaged as an apprentice under the provision of the Apprentices Act 1961 and the Rules made thereunder has agreed to engage the apprentice as apprentice on the terms and condition hereinafter contained.
NOW THIS CONTRACT WITNESSES AS FOLLOWS:
(a) The period of training shall be_______________months commencing from the date the apprentice is asked to report for training. In the event of the apprentice being unable to complete the Apprenticeship Course within the said period or to take the final test owing to illness or other circumstances beyond his control, the employer shall be free to extend the period of the apprenticeship until he completes the full apprenticeship course and next text is held if so required by the Apprenticeship Adviser. Similar extension of the period of training may also be allowed by the employer in case the apprectice having compoleted the course, fails in the final test. In case the apprentice fails in the Second Test, he shall not be allowed any extension of teh period training.
(b) The apprentice declares that no other contract of Apprenticeship submits between him and any other employer in respect of the apprentice mentioned hereinabove, and he further undertakes that he shall not enter into any other contract of apprenticeship with any other employer in respect of the aforesaid apprentice before the expiry or termination of this contract of the Apprenticeship.
(c) Subject to herein provided this contract of Apprenticeship shall terminate on the expiry of the period of apprenticeship training. Either party to this contract may make an application to the appropriate authority for the earlier termination of the contract and shall send by post a copy thereof to the other party to this contract.
(d) It shall not be obligatory on the part of the employer to offer any employment to the apprentice on completion of the period of his apprenticeship training in his establishment nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.
(e) Any dispute or disagreement between the employer and the apprentice no arising out of this contract shall be referred to the appropriate authority for decision and any person aggrieved by the said decision may within_______ days of such decision prefer an appeal to the appropriate authority and the decision of such other authority shall be final.
IN WITNESS WHEREOF the parties hereto have signed and delivered this contract on the date and at the place first hereinabove mentioned.
IN THE PRESENCE OF