Apprentice means a person who is undergoing apprenticeship training in pursuance of contract of apprenticeship. Under Section 4 of the Apprentices Act, 1961 says that every person who is engaged as an apprentice to undergo apprenticeship training in a trade has to enter into a contract of apprenticeship with the employer. The date on which contract of apprenticeship has begun will be considered as the date the apprenticeship training has commenced under the Act. You have to enter into contract with apprentice before apprenticeship training begins. Such contract of apprenticeship will contain the terms and conditions that are agreed by the parties to the contract. But the terms and conditions should not be inconsistent with the said act or its provisions. All such contract of apprenticeship entered by employer should be sent to the Apprenticeship Adviser for registration. When the contract of apprenticeship is sent for registration the Apprenticeship Adviser does soonly after he is satisfied that the person who has applied to contract of apprenticeship qualifies under the Act. If the Central Government after consulting the Central Apprenticeship Council can make rules regarding the apprenticeship training and it will automatically be deemed to have applied to the existing contract of apprenticeship as being modified accordingly.
Under The Apprentices (Amendment) Act, 2014 Section 4 has been amended where in it has added that every contract of apprenticeship entered which is sent to employer shall within 7 days be entered on to the portal site for verification and registration. If there is any objection then the Apprenticeship Adviser should convey it to the employer within 15 days from date of receipt. The contract of apprenticeship will terminate upon the expiry of the period of apprenticeship training. Every apprentice who are undergoing apprenticeship training are trainees and they are not workers and no provisions of any law regarding to labour will not apply to the apprentice.
In the case State Of Gujarat Vs Chauhan Ramjibhai Karsanbhai on (3 May, 2003) the court confirmed that the definition of the words “workman” and “apprentice” can be read in the same line, like if an apprentice who does not get protection under Apprenticeship Act can get benefit under Industrial Dispute Act where the word “workman” is used and thus protect the workers right.
by Sushma Javare.