The Apprentice Act, 1961 – Brief Notes

The main object of the Act is to provide practical training to the apprentice, to abide by the training standards prescribed by the Central Apprenticeship Council and to regulate the training programme of apprentices in the industry. A worker does not include an apprentice.

There are different types of Apprentices under the Act, they are,

  • Graduate or Technical Apprentice
  • Trade Apprentice
  • Technician Apprentice

For a person to be an Apprentice, he should be not less than fourteen years of age and must have the prescribed level of education and physical fitness. According to Section 13 of the Act, the employer has to pay a stipend to the Apprentice at the rate specified in the contract of Apprenticeship and not on the basis of piece work, also, no incentives or bonus shall be paid to the Apprentice.

According to Section 15 of the Act, an Apprentice cannot be made to do overtime work unless it is with the approval of the Apprenticeship Advisor if he is satisfied that such overtime work is for the benefit of the apprentice or in public interest.

The working hours and leaves will be as per the working hours and leave observed at such an establishment. According to Section 20, in case of any disputes arising between the Apprentice and the employer, it will be referred to the Apprenticeship Advisor.

  • Under this Act, a person can do an apprenticeship under any industry or establishment may it be the public or private sector. Government has specified certain designated trades that may be engineering or non-engineering, technical or vocational training.
  • A person may enter into an apprenticeship contract with the employer willingly, or a guardian may do so in case of a minor for the benefit of the minor.
  • It is the responsibility of the apprentice to master his trade, attend all sessions, obey all lawful orders of the employer, should work for the decided period and take care of his responsibilities under the agreement.
  • Within 30 days of entering into an agreement with the apprentice, a duplicate of the agreement must be sent to the Apprenticeship marketing consultant.
  • The employer is under the obligation of reserving training locations for SC and ST trainees, sufficient training and quality instructions, pay prescribed minimum wages and cannot make the apprentice work overtime without permission from the Apprenticeship advisor.