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Compliance Checklist - The Apprentices Act, 1960 & Rule 1960
Dear Reader,
After publishing compliance checklist - Maharashtra Shops And Establishments (Regularisation of Employment & Condition of Employment) Act, 2017 & Rules 2018, I had received another compliance checklist requirement on The Apprentices Act, 1960. Please find the below exhibit compliance checklist for your Audit & Inspection Purpose. Kindly write in comment section any further requirement, shall try to present it.
Apprentices Act, 1960 & Rule 1960 | ||||
Sr. No | Provisions | Section | Rules | Form |
1 | Number of Apprentices To Hire - Ensure number of apprentices employed is in accordance with the ratio prescribed by the Apprenticeship Adviser. | Section 8 | ||
2 | Minimum Qualifications for an Apprentice - Not to hire an apprentice unless he meets the minimum standards of education and fitness prescribed in the act | Section 3, | Rule 3 & 4 | |
3 | Reservation for SC/ST Apprentices - To reserve places for Scheduled Castes and Tribes in accordance with the Act. | Section 3-A, | Rule 5 | |
4 | Apprentices Contract and Registration - To enter into a contract of apprenticeship with each apprentice or his guardian for a specified period and register all such contracts with the Apprenticeship Adviser. within three months | Section 4 | Rule 6 & 7 | Format 1 |
5 | Period of Apprenticeship - To ensure that all apprentices complete the period of training specified in their contract | Section 6, | Rule 7 | |
6 | Termination of Apprentices Contract - To obtain permission in writing from the Apprenticeship Adviser prior to terminating the contract of an apprentice before it expires and pay Compensation to the apprentice if necessary | Section 7 | Rule 8 | |
7 | Basic and Practical Training Of Apprentices - Make suitable arrangements to impart practical training at the cost of the employer for all apprentices and to pay expenses to the Government for basic training of some apprentices and to provide facilities for a Related Instruction Course. | Section 9,10 | ||
8 | Location of Apprentice Training - To impart basic training in a separate part of the workshop or a separate building If more than 500 workers and 12 apprentices are employed in the establishment, & to depute apprentices to any government training institute otherwise | 9 (4-6) | ||
9 | Employers Obligations To Apprentices - To provide an apprentice training in his trade, suitable instructors, a person qualified in the trade to supervise the apprentice and to meet all other terms of the contract of apprenticeship | Section 11 | Rule 6 | |
10 | Qualifications of Person in charge of Apprentices - To ensure that all people in charge of apprentices in a particular trade are suitably qualified | Section 11(b), | Rule 9,9-A | |
11 | Payment of Stipend to Apprentices - To pay every apprentice the prescribed Stipend at prescribed intervals and to ensure no apprentice is required to participate in any output bonus or incentive scheme | Section 13, | Rule 11 | |
12 | Health, Safety and Welfare of Apprentices - To extend the provisions regarding Health, Safety and Welfare in the Factories/Mines Act to apprentices. | Section 14 | ||
13 | Hours of Work and Overtime for Apprentices - To adhere to prescribed hours of work for all Apprentices | Section 15, | Rule 12 | |
14 | Leave Entitlements for Apprentices - If proper leave rules do not exist or permit less than 37 days of total leave in a year, allow apprentices leave entitlement as under the Apprentices Act | Section 15(3), | Rule 13 | |
15 | Model Contract of Apprenticeship Training | Section 4 | Rule 14 | Format 1 |
16 | Intimation of engagement of Apprentices - Joining Report for Apprentices; To submit contracts of apprenticeship training to the appropriate authorities every quarter | Section 5 | Rule 14 (3) | Format 1-A |
17 | Proforma of Work Diary - Work Diary For Each Trade Apprentice; To ensure that each trade apprentice maintains a work diary | Section 10 | Rule 14 (4) | Format 2 |
18 | Attendance Register for Trade Apprentices - To maintain an attendance register for trade apprentices employed in the establishment | Section 10 | Rule 14 (5) | |
19 | Application Form for Trade Apprentices Tests - To submit application forms every half year regarding trade apprentices eligible to appear in the trade test | Section 21 | Rule 14 (6)(a) | Format 3 |
20 | Submission Eligibility Certificate for Trade Test - To submit training and progress reports of trade apprentices to the testing centres on intimation of tests | Section 21 | Rule 14 (6)(c) | Format 4 |
21 | Apprentices Half Yearly Return - To submit a return every half year regarding trade apprentices employed to the appropriate authority | Section 19 | Rule 14(7) | Form Apprenticeship 1 |
22 | Index Card for Non-Trade Apprentices - To prepare an maintain an Index card for each graduate/ technician/ vocational apprentice and submit a copy to the appropriate authorities | Section 19 | Rule 14 (10) | |
23 | Record of Work Done - To maintain a record of the work done and the studies undertaken by each apprentice | Section 19 | Rule 14(11) | Form Apprenticeship 2 |
24 | Quarterly Report of work done and studies undertaken - To submit a quarterly return of record of work done by apprentices to the appropriate authority | Section 19 | Rule 14 (11) | Form Apprenticeship 3 |
25 | Employer's liability for compensation for injury - If any personal injury is caused to an apprentice, by accident arising out of and in the course of his training as an apprentice, his employer shall be liable to pay compensation which shall be determined and paid, so far as may be, in accordance with the provisions of the Workmen's Compensation Act, 1923, | Section 16 |
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Regards,
Rahul Kumar
Blogger - Labour Law
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