Type:Preventive Compliance
Frequency: Monthly
Action to be taken:
Ensure that all apprentices (their guardians in case of a minor) sign a contract of apprenticeship detailing the period and terms of the contract. Send all contracts of apprenticeship to the Apprentices Adviser for registration within 3 months of the date of the contract. (A model Contract is provided in Schedule VI of the Apprentices Rules, The period of training for apprentices are specified in Rule 7 and Schedule I to Rule 7 of the Apprentices Rules).
Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training, terms and conditions of every contract of apprenticeship that is affected by the change shall be deemed to have been modified.
Audit Requirement:Has a contract of registration for each apprentice been signed and registered with the Apprenticeship Adviser ?
Supporting Documents:Copies of contracts registered with the Apprenticeship Adviser for all apprentices.
Related Documents:
Schedule VI - Rule 6: Terms And Conditions of the Contract of Apprenticeship
View
htm 5.2 Kb
Schedule to Rule 7 - Rule 7: Period of Apprenticeship Training
View
htm 430 Kb
Related Triggers:
Apprentices - Hiring of an Apprentice
Related Keywords:
Appointment Letter/Contract of Employment
Apprentices
Employee Joining The Company
Recruitment
Related Sections:
Apprentices Act, 1961
Chapter:Chapter II: Apprentices and Their Training|
4:Contract of Apprenticeship:
(1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.
(2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1).
(3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract:
Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder.
(4) Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration.
(5) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract.
(6) Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly.
Apprenticeship Rules, 1992
6:Registration of Contract of Apprenticeship:
(1) Every employer shall send to the Apprenticeship Adviser the contract of apprenticeship for registration within three months of the date on which it was signed.
(2)(a) The Central Government may specify model contract forms for the following categories of apprentices:-
(i) Trade apprentices;
(ii) Graduate, Technician and Technician (Vocational) Apprentices;
(b) The model contract form as may be specified by the Central Government with such variation as the circumstances of each case may require, be used for the respective purposes therein mentioned.
(3) The obligation of the employer and that of the trade apprentice shall be as specified to Schedule V. The terms and conditions in respect of graduate, technician and technician (Vocational) apprentices shall be specified in Schedule VI.
Apprenticeship Rules, 1992
7:Period of Apprenticeship Training:
(1) The period of apprenticeship training in the case of trade apprentices referred to in clause (b) of Section 6 of the Act shall be as specified in Schedule I.
(1-A) The period of Apprenticeship Training in the case of Trade Apprentices referred to in clause (aa) of Section 6 of the Act shall be as specified in Schedule I-B.
(2) (a) Where a trade apprentice is unable to complete the full apprenticeship course within the period prescribed in sub-rule (1) or to take the final test owing to illness or other circumstances beyond his control, the establishment concerned shall extend the period of his apprenticeship until he completes the full apprenticeship course and the next test is held if so required by the Apprenticeship Adviser. Similar extension of the period of training may also be allowed in the case of those trade apprentices who having completed the course, fail in the final test. A trade apprentice who fails in the second test shall not be allowed any extension of the period of training;
(b)(i) Where a trade apprentice is unable to complete the period of apprenticeship training due to strike or lock out or lay off in an establishment where he is undergoing training and is not instrumental for the same, the period of his apprenticeship training shall be extended for a period equal to the period of strike or lock out, lay off, as the case may be, and he shall be paid stipend during the period of such strike or lock out or lay off or for a maximum period of six months, whichever is less;
(ii) If the strike or lock out or lay off is likely to continue for a longer period, the employer shall follow the procedure for novation of contract of apprenticeship of a trade apprentice referred to in clause (i) with the other employer as specified in Section 5 of the Act.
(3) In the case of trade apprentices other than those covered by clause (a) of section 6 of the Act, the first six months of the period of training shall be treated as period of probation.
(4)(a) The period of apprenticeship training in the case of Engineering Graduates, Diploma holders and Vocational Certificate holders shall be one year.
(b) In the case of Sandwich Course Students, the period of practical training they undergo as part of apprenticeship course of studies shall be the period of apprenticeship training.
(c) Where a Graduate/Technician/Technician ( Vocational) Apprentice is unable to complete the period of Apprenticeship Training due to strike/lock out/lay off in an establishment where he is undergoing training and is not instrumental in the same, the period of his Apprenticeship Training would be extended equal to the period of such strike/lock out/lay off and he shall be paid stipend during the period of such strike/lock out/lay off or for a maximum period of six months, whichever is less.
(d) If the strike/lock out/ lay off is likely to continue for a longer period, the employer shall follow the procedure for novation of contract of apprenticeship for the apprentices referred to in clause (c) with the other employers as specified in Section 5 of the Act.
(5) Notwithstanding anthing contained in these rules, a person who has passed All India Trade Test of Craftsmen conducted by the National council for vocational training in the trade shown in column (2) of the Table given below upto the session indicated in column (3) of the said table shall be eligible for rebate in period of aprrenticeship training shown in column (4) of the said Table in respect of the trades under Apprenticeship Training Schme shown in Column (5) of the said table even if such person does not possess the minimum educational qualification of 10th standard under the 10+2 system of education or its equivalent.
TABLE
1. Welder (Gas and Electric) July 2000 One Year 1.Welder (Gas and Electric) and 2. Motor Vehicle Body Builder
2. Mechanic Diesel July 2000 One Year 1.Mechanic (Diesel) and 2. Mechanic (Marine Diesel)
3. Moulder July 2000 One Year 1. Foundryman
4. Mechanic (Motor vehicle) July 2001 Two Years 1. Mechanic (Motor vehicle)
