All industries without any exception are bound to engage apprentices to comply the provisions of the Apprentices Act. The industry has to submit the filled Survey Information Proforma (SIP) Graduate / Technician and Technician (Vocational) through online detailing the activity, manpower and infrastructure facility for imparting training.
While, the submitting the filled SIP (Check list), the industry should submit the following documents;
- Profile of the company
- Training module for 12 months
- Copy of latest IT return
- Copy of MoA
- Copy of Certificate of Incorporation
- Certificate issued by the Government Authority
Assessment and Notification
BOAT (SR) will assess the number of apprentices to be trained in the particular organization based on the technical manpower and training facility available in the industry. After ascertaining the factual information furnished by the industry, the BOAT (SR) will issue notification under section 8(3A) of the Act. Engagement of Apprentices by the Industry / Establishment / Hospital without BOAT's notification will not be considered under the Act.
Engagement of Apprentices by the Employer
The training slots notified by this board, are required to be filled through any of the following method;
- Direct Campus Selection from Engineering / Polytechnic Colleges or 10+2 Vocational Higher Secondary Schools.
- Through own advertisement by the organization
- Participating Centralized pattern of Selection of Apprentices organized by BOAT (SR).
- Online fetching data from BOAT's portal / obtaining panel of candidates from respective state Directorate of Technical or Vocational Education.
While engaging the Apprentices, the employer shall ensure the minimum standard of educational qualification and medical fitness of the candidate as stipulated by the Act.
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he or she
- is not less than fourteen years of age;
- satisfies such standards of education and physical fitness as may be prescribed in the Act.
Submission of the Apprenticeship Contract Registration Form (ACRF)
The Apprenticeship contract registration form duly filled check list in and signed by the employer (with office seal), Apprentice and along with Xerox copy of qualifying pass certificate, shall be submitted by the employer to the Regional Central Apprenticeship Adviser (BOAT (SR)), for registration, within 15 days from the date on which it was signed. Employers are requested to prefer online submission www.mhrdnats.gov.in of ACRF for obtaining immediate registration number from BOAT (SR).
Before registration of contracts, the Regional Central Apprenticeship Adviser (BOAT (SR) shall verify the particulars given by the apprentice and employer. After registration, a registration number is allotted against each apprentice and the same will be communicated to the establishment.
Monitoring the Progress of Training
The Employer shall provide a copy of the training module for 12 months before commencement of the training. The apprentice shall maintain a record of the work during the period of his apprenticeship training, the employer may forward the details of progress training through proforma, on quarterly basis before 10th of the succeeding Quarter. Employers are requested to prefer online submission of Progress report through www.mhrdnats.gov.in
Every employer shall maintain a record of attendance, the progress of training, monthly stipend disbursement details, leave particulars, accident details etc., and it should be shown to the BOAT (SR) officer during the visit to the organization.
Submission of Claim
The Employers while submitting the Quarterly progress of training, they can submit the claim form , check list as per the format for reimbursement of 50% statutory stipend paid to the apprentices. The claim without progress report will not be entertained. The claim beyond one year will not be entertained. The claim of particular quarter shall be submitted before 10th of the succeeding Quarter. Employers are requested to prefer online submission of Claim www.mhrdnats.gov.in for quick settlement of stipend due from BOAT (SR).
Grant of Leave :
Casual Leave :
- Casual leave shall be admissible for a maximum period of twelve days in a year
- Any holiday intervening during the period of casual leave shall not be counted for the purpose of limit of twelve days.
- Casual leave not utilized during any year shall stand lapsed at the end of the year.
- Casual leave shall not be combined with medical leave. If casual leave is preceded or followed by medical leave the entire leave taken shall be treated either as medical leave or casual leave provided that it shall not be allowed to exceed the maximum period prescribed in respect of medical or casual leave as the case may be.
- Except in case of extreme urgency applications for such leave shall be made to the appropriate authority and sanction obtained prior to availing of leave.
Medical Leave :
- Medical leave up to fifteen days for each year of training may be granted to the apprentice who is unable to attend duty owing to illness. The unused leave shall be allowed to accumulate up to a maximum of forty days.
- Any holiday intervening during the period of medical leave shall be treated as medical leave and accounted for in the limits prescribed under clause (i) above.
- The employer may call upon the apprentice to produce a medical certificate from a registered medical practitioner in support of his medical leave. A medical certificate shall, however be necessary if the leave exceeds six days.
- It shall be open to the employer to arrange a special medical examination of an apprentices if ha has reason to believe that the apprentice is not really ill or the illness is not of such a nature as to prevent attendance.
- A female apprentice with one surviving child may be granted maternity leave for a period of 90 days from the date of its commencement without payment of stipend and the apprenticeship training period shall be extended accordingly. The monthly stipend shall be paid to the apprentice during such extended period.
Hours of work
Graduate, Technician, Technician (Vocational) apprentice shall work according to the normal hours of work of the department in the establishment to which they are attached for training. No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Advise 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. An apprentice shall be entitled to such leave as may be prescribed and to such holidays as are observed in the establishment in which he is undergoing training.
Offer of Appointment
It shall not be obligatory on the part of the employer to offer any employment to the apprentice on completion of period of apprenticeship training in his establishment not shall it be obligatory on the part of the apprentice to accept an employment under the employer.
Note: If, however, there is a condition in the contract of apprenticeship that the apprentices shall, after the successful completion of training serve the employer shall, on such completion be bound to offer suitable employment to the apprentice and the apprentice shall be bound to serve the employer in that capacity for such period and for such remuneration as may be specified in the contract, subject to the approval of the Regional Central Apprenticeship Adviser.
Issue of Certificate of Proficiency (COP)
The Employer shall forward the filled Training Completion Report (TCR) which can be send through MS- Excel format for more number of candidates, within 15 days of candidates completed the training to BOAT (SR). Every graduate or technician apprentice or technician (Vocational) apprentice, who completes his apprenticeship training to the satisfaction of the regional Board, shall be granted a certificate of proficiency by the BOAT (SR). As per Government of India order No. F 36-14/96-TS IV Dated 6th May, 1997 the one year apprenticeship training under the Act is considered one year experience for Central and State Government Job
Employer's liability for compensation of injuries
If personal injury is caused to an apprentice by accident arising out of an 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.
Amendment of Contract / Novation of Contract
Termination of Contract
Where the contract of apprenticeship is terminated through failure on the part of any employer in carrying out the terms and conditions thereof, such employer shall be liable to pay the apprentice the compensation of an amount equivalent to his three months last drawn stipend and when the said termination is due to failure on the part of an apprentice in the above manner then, a training cost of an amount to be determined by the App. Adviser concerned shall be made recoverable from such apprentice or from his guardian in case he is minor. However, the contract of Apprenticeship can be terminated without payment of compensation payable by the apprentice:
- Provided both the parties are agreeable for the earlier termination of the contract
- Provided the apprentice got a regular employment (on production of a copy of the appointment order
- Provided the apprentice is unable to continue training on medical ground (on production of certificate to this effect from a Medical Officer not below the rank of Civil Surgeon).
- Where the contract of apprenticeship is terminated for failure on the part of the apprentice to carry out terms of contract in such event, the apprentice shall not be entitled to enter into another contract of apprenticeship under the Act with any other employer.