Selection of Apprentices :

As per provisions of the Act, it is the responsibility of the Employers to make the selection of apprentices as per notification from the candidates who fulfill the minimum standard of educational qualification and medical fitness for undergoing the apprenticeship training under the Act. However , if desired by the employers, the BOPT, Kolkata may assist them regarding selection of apprentices.
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he….
a. is not less than fourteen years of age; and
b. satisfies such standards of education and physical fitness as may be prescribed.

Training Assessment :

• The apprentice shall maintain a record of the work during the period of his apprenticeship training in a proforma approved by the Regional Central Apprenticeship Advise.
• Every employer shall maintain a record of the work done and the studies undertaken by the Graduate, Technician and Technician (Vocational) apprentices engaged in his establishment for each quarter at the end of each quarter shall send a report in App-6 to the Director, BOPT, Kolkata concerned.
• The progress in apprenticeship training of every graduate Technician apprentice shall be assessed by the employer from time to time.

 

Application Form for Enrolment (Graduate/Diploma holders/Tech. Vocational)

Apprenticeship Card Registration ( download ) :

The contract registration cards duly filled in and signed by the employer (with office seal), apprentice (or his guardian in case of minor) and surety, should be submitted by the employer to the concerned BOPT, Kolkata for registration within three months from the date on which it was signed.

However, for the best interest of the employer it is desirable that the employer should submit the contract cards immediately after the date of commencement of training (say within 10 days) so that registration of contract of apprenticeship may be made at an early date.

Before registration of contracts, the BOPT, Kolkata shall verify the particulars given by the apprentice and employer. After registration, a registration number is allotted against each apprentice and two copies of contracts bearing the registration number and date of registration will be sent back to the employer. The registration number will be quoted by the employer in all future correspondence in respect of the particular apprentice and positively need to be mentioned on the claim for reimbursement of Govt. share of stipend. However, the Regional Central Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the persons described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to undergo apprenticeship training in the designated trade specified in the contract. The apprentice will provide a declaration vide form No 8 that he/she has not undergone any training/service.

Amendment of Contract/Novation of Contract :

Form for Amendment of Contract


Engagement of Apprentices :

As per provisions of Apprentices (Amendment) Act, 1973, and 1986, it is a statutory obligation on the part of every employer (State and Central Govt. Departments/undertakings/Autonomous Organisations and Private organisations) by the Act to engage a specified number of Degree/Diploma holders in Engineering/Technology and Vocational Certificate holders in designated trades as Graduate/Technician and Technician (Vocational) apprentices under the Act. The number of such apprentices to be engaged by an employer is determined by the respective Regional Boards of Apprenticeship/ Practical Training.

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 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. 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.

Grant of Leave :

In establishment where proper leave rules do not exist, the total leave of different types admissible to their workers is less than thirty Seven days in a year, the apprentice shall be entitled to the following kind of leave and subject to the conditions specified under each kind of leave.

• Casual Leave :

1. Casual leave shall be admissible for a maximum period of twelve days in a year
2. Any holiday intervening during the period of casual leave shall not be counted for the purpose of limit of twelve days.
3. Casual leave not utilized during any year shall stand lapsed at the end of the year.
4. 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.
5. 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 :

1. 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.
2. 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.
3. 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.
4. It shall be open to the employer to arrange a special medical examination of an apprentices if he has reason to believe that the apprentice is not really ill or the illness is not of such a nature as to prevent attendance.

• Extraordinary Leave :

Extraordinary leave upto a maximum of ten days or more in a year may be granted to the apprentice after he has exhausted the entire causal leave and medical leave if the employer is satisfied with genuineness of the grounds on which the leave is applied for.

Training Programme :

• The employer shall make suitable arrangement in his establishment for imparting a course of apprenticeship training to the apprentice in accordance with the provisions of the Act and Rules made there under and with the approval of the respective Regional Central Apprenticeship Adviser.
• Every employer is required to formulate a “Training Programme" for the training of Graduate/Technician/Technician (Vocational) apprentices and get it approved by the respective Regional Central Apprenticeship Adviser.
• The employer will arrange for a suitable person to be placed as in-charge of training of apprentices as laid down under the Act and Rules there under.

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.

Employer's liability for compensation of injuries :

If personal injury is caused to an apprentice by an accident arising 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
.
Reimbursement of Stipend :

The Claims for reimbursement of Govt. share of stipend at 50% on minimum prescribed rate should be preferred on quarterly basis in arrears i.e., the apprentices engaged under the Act are to be paid full amount of stipends at the prescribed rates by the employer in the first instance, and a claim raised later on quarterly basis. The quarters should be as follows:

April to June : Ist Quarter
July to September : 2nd Quarter
October to December : 3rd Quarter
January to March : 4th Quarter
The claims should be preferred in prescribed form. No claim which is 3 years old is payable.

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 there of, 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 :

a. Provided both the parties are agreeable for the earlier termination of the contract

b. Provided the apprentice got a regular employment (on production of a copy of the appointment order )

c. 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.

Issue of Training Certificates ( download ) :

Every graduate or technician apprentice or technician (Vocational) apprentice, who completes his apprenticeship training to the satisfaction of the concerned regional Board, shall be granted a certificate of proficiency by that Board .