The Apprentices Act came into being with the need to regulate the training of apprentices in various trades and industries. The major objective here is to help train youngsters with skills by exposing them to learning through on-the-job training and the necessary theoretical inputs.
Highlights:
- Skill development: The Act brings skilled manpower into existence through training. Accordingly, the Act aims at practical skill development for students and job seekers.
- Definitions of an Apprentice: An Apprentice accrues that name to a person learning a trade or skill under a contract with the employer.
- Eligibility: To qualify as an apprentice, the individual must have completed the age of 14 years, with the minimum qualification being required for the specific trade.
- Apprenticeship Contract: There exists a contract between the employer and the apprentice in written form stating each of their obligations.
- Training Duration: The duration varies from six months to four years according to the trade.
- Stipend (Payments): Apprentices shall be paid stipends monthly (as fixed by the government), but they shall not be treated as workers or employees.
- Two Types of Apprentices:
- Trade apprentices (students of ITI)
- Graduate apprentices
- Technician apprentices
- Technician (Vocational) apprentices
- Government Contribution: The Central and State Governments oversee and fund the apprenticeship programmes.
- Employer’s Responsibility: Employers shall give proper training and maintain proper training records.
- Duties of Apprentice: Apprentices should learn well and follow the rules and regulations.
FAQs – Apprentices Act, 1961
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1. What is the Apprenticeship Act 1961?
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It is a legislation that has the aim of imparting skills among youths through an on-the-job experience of the various industry departments.
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2. Who is an apprentice?
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An apprentice is an individual who learns a trade or skill under an instructor-employer as per a structured form of training.
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3. What is the minimum age for becoming an apprentice?
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14 years; minimum age for non-hazardous work. In the case of hazardous industries, it is 18 years.
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4. Is it necessary for an individual to have educational qualifications prior to becoming an apprentice?
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Yes; the qualification required will depend on the type of apprenticeship (ITI, diploma, degree, etc.).
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5. Is there a written contract that is an agreement?
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Yes; there should be a written contract of apprenticeship between the apprentice and the employer.
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6. What is the duration for apprenticeship training?
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Usually, it ranges from six months to four years for different trades and courses.
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7. Do apprentices get a salary?
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No regular salaries but a certain stipend given off monthly: a certain stipend set by the government.
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8. Can an apprentice claim benefits provided to employees?
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No, the apprentices are not official employees and thus are not entitled to any such employee benefits as PF or gratuity.
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9. Who pays the stipend to the apprentice?
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The stipend is paid by the employer to the apprentice during the period of his apprenticeship training.
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10. Types of apprentices under this Act:
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- Trade Apprentices (ITI)
- Graduate Apprentices (degree holders)
- Technician Apprentices (diploma holders)
- Vocational Apprentices (10+2 vocational pass-outs)
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11. What does the government do about this Act?
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Central and State Governments regulate, monitor, and promote apprenticeship training.
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12. Can the company be punished for failing to comply with the Act?
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Yes, any company that violates the provisions of the Act faces penalties and actions.
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13. What is the function of an apprentice with regard to training?
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The apprentice should learn to practically the best of her capacity, understand the training programme, and follow the policies of the company.
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14. Does an apprenticeship assure a job to be given after training?
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Not necessarily, but it nevertheless improves the chances of training and employment; some companies do promise jobs on completion of training.
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15. Is the Apprenticeship Act applicable to every industry?
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It covers all such industries as notified by the government in manufacturing; electrical; IT; textiles; and construction industries, among others.
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