FAQs – The Apprentices Act, 1961
Apprenticeship training is a course of training in an industry or establishment, under a contract of apprenticeship which consists of :-
a) basic training component and
b) on-the-job-training (OJT)/practical training at the workplace.
Yes –
- All establishments having workforce (regular and contract employees) of 30 or more are mandated to undertake Apprenticeship Programs in a range from 2.5% -15% of its workforce (including direct contractual employees) every year.
- For establishments having a workforce between 4 - 29 this is optional.
- Establishments have a workforce of 3 or less are not permitted to engage apprentices.
All sectors including manufacturing and service.
Q4. What is National Apprenticeship Promotion Scheme?
National Apprenticeship Promotion Scheme (NAPS) is a scheme of Government of India to provide financial support to establishments undertaking the apprenticeship training. NAPS was launched on 19th August 2016.
Q5. What are the components of NAPS?
The scheme has the following two components:
- Reimbursement of 25% of prescribed stipend subject to a maximum of Rs. 1500/- per month per apprentice by the Government of India to all employers who engage apprentices.
- Reimbursement of cost of basic training (up to a limit of Rs. 7500/- for a maximum of 500 hours= Rs. 15/hour) by the Government of India to Basic Training Providers (BTPs) in respect of apprentices who come directly for apprenticeship training without any formal training.
- To promote apprenticeship training in the country.
- To provide financial support to establishments to undertake apprenticeship programs in the following ways –
i) To support establishments, (especially MSMEs) to engage apprentices under the Apprentices Act and pay stipend to them as per prescribed rates wherein under NAPS 25% of prescribed stipend subject to a maximum of Rs. 1500/- per month per apprentice is reimbursed to such establishments by the Government of India to engage apprentices.ii) To support the establishments, (especially MSMEs)-who do not have inhouse Basic Training Facilities-to set up such facilities in house or at a center outside its premises or to engage Training Partners to undertake the Basic Training activity on their behalf for fresher apprentices who need to undergo such Basic Training before joining the shop floor (on the job training) under the Apprenticeship program. Basic training cost up to a limit of Rs. 7500/- per apprentice for a maximum of 500 hours is reimbursed to them (to be calculated @ Rs. 15/hour) /or to the Basic Training Provider engaged by them under NAPS by the Government of India.
Training against each category is as follows: -
Eligibility of Apprenticeship Training Basic Training Exempted
i. ITI Pass Outs Yes
ii. Graduates / Diploma Holders Yes
iii. All Pass Outs from the NSQF aligned courses including PMKVY/DDUGKY etc. - Yes
iv. Dual-Learning Mode from ITI Yes
v. Pursuing Graduation / Diplomas Yes
vi. Fresh Apprentices No
Note: Exemption only for those opting for Apprenticeship in a qualification-based course, as per each course’s curriculum.
Q10. What is the duration of BT?
Basic Training usually accounts for 20-25% of the duration of the overall Apprenticeship Program but can vary depending on the specific requirement of the curriculum.
- Designated Trades: Those notified by the Government are referred to as” Designated Trades” and
- Optional Trades: The other trades which are not included in the notified list of the Designated Trades but opted as a Trade/Course to be run under the Apprentices Act by an establishment. These are referred to as “Optional Trades”.
- Candidate may access the apprenticeship portal and register him/ herself for an apprenticeship program in a sector/trade of his/her choice
- Search for potential employers and apprenticeship opportunities posted by them on the apprenticeship portal - https://apprenticeshipindia.org/course-search
- Send applications to potential employers for apprenticeship training
- Receive offer letters from establishments online and send his/her acceptance
- Sign the contract of apprenticeship with the establishment & commence the apprenticeship program
- Candidate can go to “Get Started” option available on the portal and follow the instructional manual i.e. “Candidate User Manual”.
The date on which the contract of apprenticeship has been entered between employer and apprentice and registered online on the web portal http://apprenticeshipindia.org
Q21. Is registration of contract of apprenticeship required?
Online registration of contract of apprenticeship is mandatory for both Designated Trades & Optional Trades
Q22. What is the procedure for online registration of contract of apprenticeship?
Q23. What categories of apprentice are covered under the Apprentice program?
• Graduates / Diploma Holders
• All Pass Outs from the NSQF aligned courses including PMKVY/DDUGKY etc. • Dual-Learning Mode from it is
• Perusing Graduation / Diplomas
• Fresh apprentices
- The minimum age prescribed under the Act for an apprenticeship is 14 (18 years in case of hazardous industries) and he/she must have educational/technical and physical qualification prescribed under the Curriculum for the concerned trade;
- Minimum of 5th class pass
- Apprentice must be registered on the Apprenticeship portal.
- Apprentice must have an Aadhaar number / or a Unique Identification Number in the case of J & K and North-East candidates/apprentices.
An employer/ establishment is a person/entity who has a business in any trade or occupation and having infrastructure for providing On the Job Training (OJT). All establishments having work force (regular and contract employees) of 30 or more are mandated to undertake Apprenticeship Programs in a range from 2.5% -15% of its workforce every year. For establishments having a workforce between 4 - 29 this is optional. Establishments having a workforce of 3 or less arenot permitted to engage apprentices.
Establishment shall engage apprentices in a band of 2.5% to 15% of the total manpower strength of the establishment including contractual staff depending on their requirements. For instance, an establishment with total strength of 100 can engage a minimum of 3 apprentices and a maximum of 15 apprentices.
Q33. What are the eligibility criteria for employers/ establishments to avail the benefits of NAPS?
Employers/ establishments interested to avail the benefits of NAPS must fulfill the following conditions: -:
• Such contracts must be uploaded by establishment for approval by the concerned apprenticeship advisor, which shall be facilitated on the portal
• the Courses they operate under the apprenticeship program must be NSQF aligned. • the assessments at the end of all such programs must be done jointly between the establishment and the NCVT (for Designated Trades) / the concerned Sector Skill council (in case of Optional trade).
Q34. How can an establishment engage apprentices?
• Employer may access http://apprenticeshipindia.org for on-line registration • Notify apprenticeship opportunities on portal
• Search & shortlist interested (or suitable) candidates specific to sector, trades, region etc. online.
• Issue offer letters to candidates online for engaging as apprentices
• Upon their acceptance of the offer, sign contract of apprenticeship with apprentice online • Submit contract of apprenticeship on-line for approval/registration by respective Joint Apprenticeship Advisor/State Apprenticeship Adviser.
Q35. What are other benefits for employers to engage apprentices under the Apprenticeship Training?
Employers registered under the Apprentices Act, 1961 are exempted towards contribution of EPF and ESI for apprentices engaged by them. Financial support is available for them under NAPS as detailed in this document elsewhere in case they opt for NAPS & fulfill the conditions elaborated therein.
In addition, companies engaging apprentices can also undertake ‘skill training’ from their CSR funds over and above the requirement under the Apprentices Act.
Q36. Who is Basic Training Provider?
Basic Training Provider (BTP) is an entity who has necessary facilities for a trade and is providing basic training to fresher apprentices, who otherwise do not have any formal education and/or training in related trades, engaged by an establishment.
Q37. Who can become BTP?
i) National Skill Training Institutes (NSTI), National Skill Training Institutes(W) ii) Government Industrial Training Institutes (ITIs) having 2-star rating or above and Private ITI having 2.5 Star rating or above affiliated to NCVT
iii) Government & Private Training Centers affiliated with NSDC under SMART portal & the Pradhan Mantri Kaushal Kendras (PMKK).
iv) Industries/ establishments with “In-House Basic Training facility”
v) Basic Training Centre set up/supported by Industry/Industry clusters/Industry Chambers/Associations.
vi) Stand-alone Basic Training Centers like Polytechnic, Universities, Engineering & Management Colleges having good ranking.
vii) Training Centers empaneled under State Govts & other GoI schemes
Q38. How will the BTPs be selected for Optional Trades under Apprenticeship?
BTPs will need to self-report requisite details of their organizations and submit them to the Apprenticeship Division at NSDC. Once approved, they can start giving Basic Training under Apprenticeship. Please refer to the BTP guidelines that are available on the Apprenticeship Portal - https://apprenticeshipindia.org/ under the ‘Get Started’ section.
Q39. What is the procedure for registration of BTP on the apprenticeship portal?
• Please go to the ‘Get Started” option available on the portal and follow the “BTP-TC User Manual”.
• All centers registered as BTP under designated trade by the RDATs are deemed to be
approved as BTP for optional trade as well. Similarly, all NSTIs and ITIs (grading 2.5 or
above) will deemed to be a BTP for optional trade for NCVT affiliated trades, subject to available spare capacity.
Q40. What is the procedure for payment of reimbursement claims [stipend] to the employers?
I. Establishment pays a monthly stipend to each apprentice, in line with the provisions of the Apprentices rules. The establishment will be paying stipend to the apprentices each month, after adjusting unauthorized leaves.
II. The establishment has two routes to stipend payment - ‘Offline’ or ‘Online’. The offline method means that the establishment will use its own payment method and not the payment gateway available on the portal. Under the “online” option, the establishment gets the option to pay stipend through the apprenticeship portal by using the payment gateway. However, in both options payment of stipend has to go into the bank account of the apprentice.
III. The stipend reimbursement amounts to 25% of prescribed stipend (refer Q.43) or to Rs.1500/month (per candidate) whichever is lower. The establishment is required to submit claim for stipend reimbursement at the end of each quarter. While establishments are required to pay stipend at prescribed rates on pro rata basis to those apprentices who drop-out during a quarter; reimbursements cannot be claimed for such apprentices.
IV. If the establishment has chosen the ‘offline’ payment option (i.e. the establishment has paid stipend through their own payment method and not through the portal), they will have to submit certain documents (refer to SOP for NAPS Claims and reimbursement under “Notices and Advisories” on the portal). The claim will go through two levels of verification. The establishment will then be provided a random sample of candidates for whom they would need to produce a bank certificate, which will confirm stipend payment made to the apprentices. Once they successfully submit the bank certificate, the reimbursement amount will be sent to their bank account.
V. In case the establishment had chosen the “online” stipend payment method (i.e. the establishment has paid stipend through their portal), they will not have to submit these support documents.
VI. The establishments will be able to see the claim status by clicking on the link (PFMS know your payment)
VII. For more information refer to “Payment & Reimbursement User Manual” is available under “Get Started” on the landing page.
Q41. What certification will be provided to Apprentice after completion of apprenticeship training?
Assessment and Certification by Establishments (non-NAPS)
After completion of apprenticeship training, apprentices will need to go through an assessment to be conducted by the establishment. Certificates will be awarded by the establishments to apprentices based on marks obtained by them in the assessment by the establishment.
Assessment and Joint Certification under NAPS
Under NAPS, and in cases where the employer/ establishment opts for Joint certification, the assessment will be conducted jointly by the establishment and the concerned Sector Skill Council,
(in case of Optional Trades) or the DGT (in case of Designated Trades). The theory part of this
assessment would be online to be conducted through the concerned SSC/DGT, as the case may be, while the practical would be conducted by the employer at the shop floor premises and would be evidence based. In such cases the certificates will be awarded to apprentices who pass the assessment jointly by the establishment and the concerned Sector Skill Council /DGT. The assessment details will be uploaded on the portal and certificates will be generated electronically.
Area Sub Area Agency
Practical Practical Examination Employer (on the shop floor) Theory Theory - (Online Examination) Sector Skill Council (SSC)
Q42. What are the key amendments made in the Apprentices Act, 1961 (amended in the year 2015) & Apprenticeship Rules, 1992 (amended in the year 2019)?
The key amendments in Apprentices Act 1961 (amended in year 2014 & 2015) are as below:
(i) A band from 2.5% to 10% of total strength of establishment has been introduced as a responsibility of the employer to engage apprentices in his establishment instead of a fixed % earlier.
(ii) The employers have been given the liberty to run industry driven “Optional Trades” for apprentices instead of only the “Designated Trades” notified by the Govt of India under the Act
(iii) The scope has been extended to include non-engineering pass-outs. Outsourcing of basic training component of the Apprenticeship program (which can be about 20-25% of the entire duration of the program) has been permitted to an institute of the employer’s choice.
(iv) Penalty in the form of fine has been provided for noncompliance of provisions of the Act the provision for imprisonment has been removed
(v) The entire process of searching & contracting the apprenticeships and submission of returns & other information and reimbursement of GOIs contribution towards the stipend in a time bound manner has been online.
(vi) Duration of Apprenticeship (including basic training) is between 6-24 months for Optional Trade and 6-36 months for Designated Trade at the discretion of an establishment.
Further, a few amendments were made in the Apprenticeship Rules 1992 on 25th September 2019. These are as below:
(i) Band for apprenticeship engagement revised to 2.5%-15%. Additionally, 5% reserved for Fresher apprentices.
(ii) The duration of apprenticeship training, including basic training, for optional trade brought at par with Designated Trades i.e., between 6-36 months at the discretion of an establishment.
(iii) Establishments having a strength of 4-29 workers/employees permitted to engage apprentices (earlier this was permissible for only establishments with workforce between 6-39). It has been made mandatory for establishments having 30 or more workforce to engage apprentices (earlier this was mandatory for establishments with workforce of 40 or more).
(iv) The minimum rate of stipend payable to apprentices per month has been delinked from minimum wages schedule and fixed based on educational qualification of the apprentice (Refer Q.43).
Q43. What is the minimum stipend to be paid to an apprentice?
As per the Apprenticeship Rules (amended 2019), the stipend to be paid to an apprentice is as below: -
Serial number
Category Prescribed minimum amount of stipend (Rs.)
(1) (2) (3) (i) School pass-outs (class 5th - class 9th) 5000 per month (ii) School pass-outs (class 10th) 6000 per month (iii) School pass-outs (class 12th) 7000 per month (iv) National or State Certificate holder 7000 per month
(v) Technician (vocational) apprentice or Vocational Certificate holder or Sandwich Course (Students from Diploma Institutions)
(vi) Technician apprentices or diploma holder in any stream or sandwich course (students from degree institutions)
(vii) Graduate apprentices or degree apprentices or degree in any stream
7000 per month 8000 per month 9000 per month
(1A) In the case of Skill Certificate Holder, stipend payable per month shall be as per his/her educational qualification as mentioned in the table above.
(1AA) During the second year of apprenticeship training, there shall be an increase of 10 per cent. in the prescribed minimum stipend amount and further 15 per cent increase in the prescribed minimum stipend amount during the third year of apprenticeship training.
(1AAA) In the case of National or State Certificate holder, the period of training already undergone by him or her in a school or other institution recognized by the National Council or State Council, shall be taken into account for the purpose of determining the minimum payable rate of stipend.
(1AAAA) In the case of Fresher apprentice, during Basic Training for a period up to three months, the stipend amount to be paid by the establishment shall be 50 Per cent. of the prescribed stipend. Further, in case of simultaneous Basic Training (BT) and On-the-Job Training, full amount of the stipend is to be paid.
Q44. Where can Apprenticeship training be undertaken?
One can undergo apprenticeship training on the shop floor of any establishment under the Central/State Govt or private sector establishment upon singing of contract of apprenticeship with the establishment.
Q45. What is meant by NSQF aligned courses? What is NSQC?
The National Skill Qualification Framework (NSQF) was notified in the Gazette of India on 27 December 2013. The NSQF organizes qualifications according to a series of level descriptors covering knowledge, skills and aptitude. The NSQF replaces existing frameworks such as the National Vocational Qualifications Framework (NVQF) and the National Vocational Educational Qualification Framework (NVEQF). Each level of NSQF is described by a statement of learning outcomes in five domains, which are known as level descriptors. These five domains are:
• Process
• Professional knowledge
• Professional skill
• Core skill
• Responsibility
NSQF requires that SSCs when developing Qualifications Packs and NOS identify a corresponding NSQF level using the NSQF level descriptors and that this information be included in NSQF level field in the Qualification Pack. It is possible for all current vocational courses, like MES, ITI Courses, or similar vocational courses in schools, colleges and polytechnics, to be aligned to job roles at specific NSQF Levels. An ITI Course in Plumbing would say they are training for plumbers at NSQF Level 3. Similarly, a polytechnic, training in fashion design, may say it is training for NSQF Level 5 for Garment Cutters. National Skills Qualifications Committee organized by NSDA provides the process of aligning courses and qualifications to NSQF.
Q46. What is meant by NOS?
The National Occupational Standards (NOS) specify the standard of performance an individual must achieve when carrying out a function in the workplace, together with the knowledge and understanding they need to meet a standard consistently. Each NOS defines one key function in a job role. The NOS are laid down by employers (through their SSCs). A Qualification Pack (QP) is a set of NOS aligned to a job role.
Q47. How the Apprenticeship Curriculum is approved and uploaded under Optional Trades?
The following table explains the approval process of Apprenticeship curriculum under Optional trade: -
Cases Situation NAPS/Non NAPS
Course of action Approval process
Case 1 QP not available for
the courses
Case 2 QP available for course and
NSQF aligned
Case 3 QP available for course but not
NSQF aligned
Case 4 QP not available for
the courses
NAPS benefit to avail
NAPS benefit to avail
NAPS benefit to avail
No NAPS benefit
Create Apprenticeship embedded curriculum with help on concerned SSC and submit to NSDC
Create Apprenticeship embedded curriculum, submit to NSDC for
approval and upload
Option 1:
Create Apprenticeship embedded curriculum, submit to NSDC
Option 2:
Get QP aligned to NSQF first and then create Apprenticeship curriculum and submit to NSC
Create Apprenticeship embedded curriculum and submit to NSDC
Place in Technical Approval
Committee of NSDC and then NSQC of NSDA for NSQF alignment Upload in portal after review as already NSQF
aligned
Option 1:
Place in Technical Approval
Committee of NSDC and then NSQC of NSDAfor NSQF alignment
Option 2:
Upload in portal after review as already NSQF
aligned
Basic scrutiny by NSDC and upload in portal
Q48. Can an establishment with presence in multiple locations register centrally?
As per the definitions in Apprenticeship Act, 1961.
1. "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment;
2. "establishment" includes any place where any industry is carried on; 5[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as partof the establishments];
In point no. 2, it is specified that an establishment consists of different department and branches which can be situated at different places; all such branches shall be treated as part of establishment.
On apprenticeship portal, this functionality is already developed where TCI can register and add different office locations in case it wants to operate centrally. If TCI wants to operate in a decentralized manner, there is an option to register multiple branches also, and indicate Head Office and Branch Office structure for all registered branches.
Q49. Can Corporate Social Responsibility (CSR) funds be used for running Apprenticeship training?
Companies which are covered under the Apprentices Act shall undertake skill training under the Apprentices Act 1961. These companies can also undertake skill training from their CSR funds over and above the minimum requirement under the Apprentices Act.
For more details, please refer to the CSR notification- https://naps-cdn.s3.ap-south 1.amazonaws.com/CSR_funds_utilization_under_Apprenticeship_Act.pdf
Q50. Is Apprentice considered as a worker?
I. As per section 18 of Apprenticeship Act, 1961, the apprentice is not a worker. The section 18 of act is reproduce here under
Apprentices are trainees and not workers
a) Every Apprentices undergoing apprenticeship training in designated/optional trade in an establishment shall be trainee and not a worker, and
b) The provision of any law with respect to labor shall not apply to or in relation to such apprentice
II. Besides the provision of Provident Fund and Miscellaneous provision Act, 1952 Act and State Insurance Act, 1948 also clarifies apprentices appointed under Apprenticeship Act are not workers. Relevant sections are reproduced as below:
A. Section 2(f) in The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
• “employee” means any person who is employed for wages in any kind of work, …and includes any person, —
• employed by or through a contractor in or in connection with the work of the establishment; • engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), ….
B. Section 2(9) in The Employees' State Insurance Act, 1948
• “employee” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and—
• who is directly employed by the principal employer, or
• who is employed by or through an immediate employer, on the premises of the factory or establishment …. Or
• whose services are temporarily lent or let on hire to the principal employer … • [and includes any person employed for wages on any work …. or any person engaged as apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961),
Q51. Are apprentices allowed to be engaged in night shift?
Rule 12 C sub rule (2) of Apprenticeship (amendment) Rule 2019 which regulates
Apprenticeship Optional Trades provides as under:
An establishment can engage apprentices of age 18 and above in normal working hours of the establishment (including night shifts). Apprentices under the age of 18 shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis.
Rule 12, of Apprenticeship rule 2015 provides as under:
Rule 12: The hours of work: -
(1) The weekly hours of work of a trade apprentice undergoing practical training shall be as follows, namely: -
(a) The total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction)
(b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the time spent on Related Instruction.
(c) Trade apprentices during the second year of apprenticeship shall work for 42 to 45 hours per week including the time spent on Related Instruction.
(d) Trade apprentice during the third and subsequent years of apprenticeship shall work for the same number of hours per week as the workers in the trade in the establishment in which the trade apprentice is undergoing apprenticeship training.
(2) An establishment can engage apprentices of age eighteen and above in normal working hours of the establishment. Apprentices under the age of eighteen shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis (as per Apprenticeship (amended) Rules, 2019).
(3) Graduate, Technician and Technician (Vocational) Apprentices shall work according to the normal hours of work of the department in the establishment to which they are attached for training.
Q52. Can an apprentice be deployed on overtime?
Section 15 (2) of the Apprentices Act, 1961 provides as under:
Hours of work, overtime, leave and holidays
(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed];
(2) No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest.
(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training.
Clarification on Apprenticeship Quota for Companies with Contractual Employees
As per the provision of the Act, contractual employees should be on the roll of the companies which are going to engage apprentices.
Clarification regarding engaging apprentices by establishment
Clause 7B of Apprenticeship Rules 1992 (amended in 2015 & 2019): Number of apprentices
for designated and optional trade reads as: -
(1) The employers having four or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having number of workers not exceeding thirty shall not be obligatory.
(2) The strength of workers shall be calculated on the basis of average strength in the preceding financial year.
(5) Every employer shall disclose their intention of engagement of apprentices both in designated and optional trade on portal site as well as establishment’s portal site (if existing) as per quarters given below: -
(a) the 1st April to the 30th June;
(b) the 1st July to the 30th September;
(c) the 1st October to the 31st December;
(d) the 1st January to the 31st March
As per Apprenticeship (amended) Rules, 2019
In the principal rules, in rule 7B,- (i) for sub-rule (1), the following sub-rule shall be substituted, namely:-
“(1) The employers having four or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having thirty or more number of workers shall be obligatory.”; (ii) for sub-rule (3) and (4), the following sub-rules shall respectively be substituted, namely:-
‘‘(3) Within a financial year, each establishment shall engage apprentices in a band of 2.5 per cent. to 15 per cent. of the total strength of the establishment including contractual staff, subject to a minimum of 5 per cent. of the total to be reserved for fresher apprentices and skill certificate holder apprentices.
“(4) In no month, number of apprentices should be less than 2 per cent. of the total strength of the establishment and more than 18 per cent. of the total strength of the establishment subject to the condition that he shall fulfill apprentice months corresponding to minimum 2.5 per cent. obligation in a financial year.’
Further Ministry of Skill Development & Entrepreneurship has vide letter no MSDE-1(1)/2018- AP(PMU) dated 2nd April 2019 stipulated that Industries/establishments can engage apprentice from any of the following category of apprentices, as per their respective requirement to fulfill the mandate of Apprentice Act 1961(amended 2014) and Apprenticeship Rule (amended 2015)
1. Trade apprentice
2. Graduate apprentice
3. Technician apprentice
4. Technician (vocational) apprentice
5. Optional trade apprentice
The sum of all total apprentices under various categories will qualify for compliance of provision of Section 7B (3) of Apprenticeship Rule (amended 2015). All establishment are accordingly required to post their Apprenticeship deployment plan on portal (while declaring the strength of manpower of the establishment) every quarter by the 15th of April, 15th of July, 15th of October and 15th January.
Q53. Whether Apprentices are covered under Workmen's Compensation Act, 1923 or not?
On perusal of the Apprenticeship Act and Rules – there are specific provisions namely section 16 of the Act and Sch. 5 (I)(7) of the Rules (reproduced below) which clearly state that if 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 of Apprenticeship Act | Employer's liability for compensation for injury - If 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, subject to the modifications specified in the Schedule*.
Schedule 5 (I)(7) of Apprenticeship Rules 1992 – If personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, the employer shall pay to the apprentice compensation in accordance with the provisions of the Workmen Compensation Act, 1923, subject to the modifications specified in the Schedule to the Apprentices Act,1961.
*MODIFICATIONS IN THE WORKMEN'S COMPENSATION ACT, 1923, IN ITS APPLICATION TO APPRENTICES UNDER THE APPRENTICES ACT, 1961In Section 2-
(a) Section 2(e) - 'employer' means as employer as defined in the Apprentices Act, 1962, who has engaged one or more apprentices,"
(b) Section 2(n) - 'workman' means any persons who is engaged as an apprentice as defined in the Apprentices Act, 1961, and who in the course of his apprenticeship training is employed in any such capacity as is specified in Schedule II"
Powers delegated to a Joint Apprenticeship Advisor (JAA)
Joint Apprenticeship Advisor
1. Appointment:
As per section 27 of the Apprenticeship Act (“Act”) the Government may appoint suitable persons as Joint Apprenticeship Advisor (“JAA”) to assist the Apprenticeship Advisor in performance of his/her function.
2. Functions that may be performed by the Joint Apprenticeship Advisor The JAA primarily performs such functions as assigned to him by the Apprenticeship Advisor (s.27(2)) of the Act.
The Act and the Rules under the Act specifically mention certain tasks/powers of the JAA, that may be carried out by the JAA- when authorized by the Apprenticeship Advisor to do so. Please see some tasks/powers below:
a. Enter, inspect and examine any establishment or part thereof for a reasonable time (S.29(2)(a))
b. Examine any apprentice employed therein, and require any registrar, record, document maintained in pursuance of the Act, to be produced, record statement of any persons therein, as required for the purposes of the Act (S.29(2)(b))
c. Make an examination or inquiry to ascertain if provisions of the Act and Rules framed thereunder are followed. (S.29(2)(c))
d. Have reasonable facilities for access to apprentices who are undergoing practical training to test their work and ensure practical training is being imparted in accordance with the approved program (S.9(2))
e. Specify the period for which an employer may release an apprentice to receive related instruction in specific institution. The Section also mentions that to do so the Assistant Advisor will need to be specifically authorized in writing (s.10(5))
3. Duties of the Apprenticeship Advisor
Please also see below some of the powers, responsibilities and functions of the Apprenticeship Advisor. The Apprenticeship Advisor may need the assistance of the JAA in carrying out any of the duties below:
a. Communicate any objection to the Apprenticeship Contract to the employer within 15 days of its receipt (S.4(4A)) and register the contract of apprenticeship within 30 days of its receipt (S.4(4B))
b. Approval any novation the contract of apprenticeship with employer (S.5) c. Approve termination of contract of Apprenticeship, and decision on consequences resulting from the same (S. 7)
d. Granting approval for overtime work (s.15)
e. Settle disputes arising between employer and apprentice out of the Apprenticeship Contract (s. 20)
f. Ensuring remuneration paid to apprentice is reasonable (s. 22)
Q. 54 Can an Establishment pay more than the stipend amount to the apprentices
As per Apprenticeship Rules 1992 (amended upto 2019) minimum rate of stipend has been fixed as per educational/ technical qualification. Employers are free to pay higher rates of stipend. The reimbursement under NAPS would however be limited to the 25% of the prescribed stipend amount (as per Apprenticeship Rules amended on 2019) or Rs 1500/- whichever is minimum, per month per trainee.
Q 55. Can an Establishment pay ESI/PF to apprentices under Apprentices Act, 1961?
1. Apprenticeship training is covered under the “Apprentices Act, 1961”(last amended in 2014) and Apprenticeship Rules (last amended upto 2019) and as per this Act, all the establishments having work force of 30 or more (including contract employees) are mandated to engage apprentices in a range from 2.5% -15% of their total workforce, every year.
2. As per section 18 of the Apprentices Act,1961, every apprentices undergoing apprenticeship training in designated/optional trade in an establishment shall be trainee and not a worker, and the provision of any law with respect to labour shall not apply to or in relation to such apprentice.
3. Besides the provision of “Provident Fund and Miscellaneous Provision Act, 1952” and “State Insurance Act”, 1948 also clarifies apprentices appointed under Apprentices Act 1961 are not workers as under:
Section 2(f) in The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952
stipulates as under:-
• “Employee” means any person who is employed for wages in any kind of work, …and includes any person,—
• Employed by or through a contractor in or in connection with the work of the establishment; • Engaged as an apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961), ….
Section 2(9) in The Employees' State Insurance Act, 1948 stipulates as under:- • “Employee” means any person employed for wages in or in connection with the work of a factory or establishment to which this Act applies and—
• Who is directly employed by the principal employer, or
• Who is employed by or through an immediate employer, on the premises of the factory or establishment or
• Whose services are temporarily lent or let on hire to the principal employer … • Includes any person employed for wages on any work …. or any person engaged as apprentice, not being an apprentice engaged under the Apprentices Act, 1961 (52 of 1961),
4. The “Apprentices Act 1961 (amended upto2014) do not prohibit any employers to pay PF benefit to apprentices, they are free to pay if “Provident Fund and Miscellaneous Provision Act, 1952” permit so.
5. in this context, the clarification given by ESIC website
(https://www.esic.nic.in/attachments/files/faq.pdf) is as under:
5.1 The Persons who are not be counted for coverage of a factory under ESIC Act, 1948 o A proprietor or a partner whether drawing salary or not
o A contractor lending the services of his employees;
o An apprentice engaged under the Apprentice Act, 1961;
o Persons employed on contract for service, e.g. legal, technical, tax consultants etc;
5.2 The persons to be covered as “Employees” under ESIC Act, 1948? o Under Section 2(9) Any person employed for wages in or in connection with the work of a covered factory or establishment, and
o Directly employed by the Principal employer, on any work of the Factory or establishment within the premises or elsewhere, or in any part, department or branch dealing with administration, purchase of raw materials, sale or distribution of the products of the factory or establishment.
o Employees of the immediate employer
o Employed in the premises on any work of the factory or establishment; o Employed outside the p\remises on any work of the factory or establishment under the supervision of the Principal employer or his agent;
o Employees lent or let on hire to the principal employer on any work of the factory, or employees/ professional on contract of service.
o Paid Directors of a company.
o Exclusions: (1) An Apprentice engaged under the Apprentice Act 1961 and (2) An employee drawing wages above the ceiling for coverage prescribed by the Central Government. Employees/ Professionals rendering services for contract for service.
6. As per the above, the apprentices can not be covered for benefits under the ESIC Act. Therefore, an establishment needs to explore other available govt/non govt. health insurance and pension schemes to ensure the health cover for apprentices which is the responsibility of the establishment under the Apprenticeship Act/Rules.
7. In case an establishment opts to register an apprentice under the EPF, they need to ensure the following:
• That the net stipend disbursed to the apprentice after adjusting the deduction made on account of EPF contribution should not be less than the prescribed amount and • The EPF account w.r.t an apprentice is newly opened. This is to ensure that an establishment is not engaging a person as an apprentice who has formally been a worker in any establishment.
8. Alternatively an establishment may explore other available govt/non govt. workmen’s compensation insurance schemes to ensure the safety cover for apprentices which is the responsibility of the establishment under the Apprenticeship Act/Rules.
Q 56. For skill certified candidates, whether education qualification of apprentices will be considered or the education qualification stipulated in the curriculum will be considered for payment of minimum stipend amount ?
In the principal rules of Apprenticeship Rules, 2019 in rule 11,-
(i) for sub-rule (1), the following sub-rules shall be substituted, namely:-
‘‘(1) The minimum rate of stipend payable to apprentices per month shall be as per the qualifications stipulated in the curriculum. The minimum rate of stipend payable to apprentices per month shall be follows, namely:-
Sl no Category Prescribed minimum amount of stipend
(1) (2) (3)
(i) School pass-outs (Class 5th – Class 9th )
₹5,000/- per month
(ii) School pass-outs (Class 10th) ₹6,000/- per month (iii) School pass-outs (Class 12th) ₹7,000/- per month (iv) National or State Certificate holder ₹7,000/- per month
(v) Technician (vocational) apprentice or Vocational Certificate holder or
Sandwich Course (Students from
Diploma Institutions)
(vi) Technician apprentices or diploma holder in any stream or sandwich
course (students from degree
institutions)
(vii) Graduate Apprentices / Degree Apprentices / Degree in any stream
₹7,000/- per month
₹8,000/- per month
₹9,000/- per month
In view of the above, it is clarified that
“The minimum rate of stipend payable to the skill certified apprentices per month shall be the education qualification stipulated in the curriculum”
Q 57. Can a staffing/manpower outsourcing company place its apprentices on the shop floor of other establishment(s)?
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