NAME SANGEETH KUMAR S

REG NO 20BBA0197
COURSE INDUSTRIAL RELATION & LABOUR LAW
SLOT E2+TE2
DIGITAL ASSIGNMENT III

The Apprentices Act, 1961

Introduction
The National Apprenticeship Act was enforced in the year 1959 at first on the
voluntary cause. The bill was presented before the parliament during 1961 and was
enforced from 1st January 1963. The act was amended twice in 1973 and 1986.

There are 38 sections and one schedule. The schedule is in regard to the
adjustments in Workmen’s Compensation Act, 1923 with reference to its
application to students under the Apprentices Act, 1961.

For the administration of Apprentices Act, 1961 in relation to trade apprentices

under Central Government and Department lies with the Central Apprenticeship
Advisor/ Director of Apprenticeship Training in the DGE&T, Ministry of Labour
and Employment with the help of six Regional Directorate of Apprenticeship
Training (RDATs).
The 1961 Apprentices Act's purpose :

The primary goal of the Apprentices Act of 1961 was to satisfy the expanding need
for skilled craftsmen. The primary goal of the act is to give experimental
instruction to those who are experts in their fields. These laws are applicable to any
industry or place, as per the federal government's notification. The relationship
between the various employers and apprentices is made clear by the act. The
treatment of apprentices differs from that of employees. The statute attempts to
include provisions for apprentices' welfare, protection, and health. Additionally, it
covers the resolution of conflicts resulting from the apprenticeship contract.

Who are apprentices?

The Act defines apprentices as individuals who take part in an apprenticeship

programme and get hands-on training over a predetermined length of time. In
situations where additional safety standards apply, the minimum age is 18, while
14 is the minimum age required to engage in training.

Additional credentials could be needed in addition to the one mentioned above for
specialised trades and particular apprentice groups.
The terms and circumstances of an apprenticeship are mandated by the
apprenticeship agreement. The Contract's terms and conditions must be mutually
agreed upon by the parties. The terms and conditions of the contract shall not be
contrary to the provisions of the law. Apprentices who require practical vocational
training are covered by this law. Internships do not meet the requirements of this
law.
Apprentice duties:

1. He is expected to master his chosen profession with the utmost enthusiasm and
awareness and to qualify as a professional in a special way.

2. He is expected to attend all practical and training sessions offered by or on

behalf of his employer.

3. He must obey all legal orders of his employees.

4. He must work for a specified period of time, subject to a prescribed training

period.

5. He must bear the responsibilities set out in the contract.

Employer liability:

1. He must reserve an apprenticeship location for his ST/SC/OBC apprenticeship

contract

2. Apprentices must receive appropriate training in accordance with the

Apprenticeship Act and the terms of any contract entered into between the parties.

3. If employers cannot train apprentices, they must have a sufficient number of

trainers to train them.

4. Apprentices are entitled to remuneration based on the minimum wage set for
each apprentice.

5. Apprentices are entitled to vacations, holidays and weekly vacations in

accordance with company policy.

6. Apprentices are entitled to compensation for any conduct suffered during their
apprenticeship. Compensation should be paid in accordance with the provisions of
the Labour Act 1923, where applicable.
7. Apprentices are not forced to work overtime by their employers until requested
by an apprentice advisor. Appropriate approval by the Apprentice Advisor must be
in the interest of the Apprentice or in the public interest.

Conclusion:
The Apprenticeship Act helps in the settlement of disputes between the employer
and apprentice, and the same is adjudicated by the apprenticeship advisor as the
judging authority. The employer will be penalised if his acts are not found to be in
accordance with the provisions of the act. To safeguard the rights of both employer
and apprentice, the Apprentice Act, 1961 can be treated as an extensive law. An
apprentice can execute the provisions of the act and overcome the problems faced
by him throughout the training period.