Type:Preventive Compliance
Frequency: Monthly
Action to be taken:
Ensure the period of training (as prescribed in Rule 7 and Schedule I under Rule 7) is specified in the contract of apprenticeship.If an apprentice fails to complete his training period due to illness or circumstances beyond his control then extend the period of training until he completes the full apprenticeship course. Similarly extend the period of training in case of apprentices failing on the first attempt in the final test.
In case of a strike/lock out/lay off in the establishment preventing the apprentice from completing his training, the apprentice has to be paid a stipend during the period of such strike/lock out/lay off or for a maximum period of 6 months whichever is less and his training extended for the period of strike/lock out/lay off, as the case may be. If the above period extends beyond 6 months, the employer should follow the procedure for novation of the contract as specified in Section 5 of the Apprentices Act
Audit Requirement:Have no apprentices been prevented from completing their period of training due to inability of the organisation to provide facilities ?
Supporting Documents:Details of cases where apprentice training has been terminated by the organisation.
Related Documents:
Schedule to Rule 7 - Rule 7: Period of Apprenticeship Training
View
htm 430 Kb
Related Triggers:
Apprentices - Hiring of an Apprentice
Apprentices - Termination of Apprentices Contract
Closure Of An Undertaking/Establishment
Intention To Lock Out Employees
Lay Off Of Employees
Strike
Temporary Closure or Reopening Of An Establishment
Transfer Of Establishment/Undertaking
Transfer of Factory Licence
Related Keywords:
Absence/Absenteeism
Appointment Letter/Contract of Employment
Apprentices
Closure
Conditions of Service
Dispute, Industrial Dispute
Employee Joining The Company
Lay-Off
Lock Out
Strike
Related Sections:
Apprentices Act, 1961
Chapter:Chapter II: Apprentices and Their Training|
6:Period of apprenticeship training.:
The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows-
(a) in the case of trade apprentices who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests or examinations conducted by that Council or by an institution recognised by that Council, the period of apprenticeship training shall be such as may be determined by that Council;
(aa) in the case of trade apprentices who, having undergone institutional training in a school or 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, have passed the trade tests or examinations conducted by the Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;
(b) in the case of other trade apprentices, the period of apprenticeship training shall be such as may be prescribed;
(c) in the case of graduate or technician apprentices, technician (vocational) apprentices, the period of apprenticeship training shall be such as may be prescribed.
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)
