Dear Seniors,
We are a civil engineering company. We would like to take apprentices in survey and Lab operator trades. We had made an inquiry with the Apprentice office and were told that once we take up apprentices in a particular trade then every year we have to compulsorily keep on filling up the vacancy.
Suppose, I take 2 apprentice under survey trade this year and suppose my company closes down its survey wing and instead plans to take apprentices say 2 in IT trade. In this case we were advised by the Apprentice office that though your survey requirement is not there as per the Act you have to take 2 apprentices from survey trade and you can give them some other work plus the no. of apprentices under other trade as per requirement.
We were also told that you can only stop taking apprentices under this trade when the company shuts down its business, we had a lot of debate on this aspect. We had specifically asked them that as and when our company closes its 1 operation and as long as we take apprentices in other areas where does the problem arise but the apprentice officer was quite adamant and infact advised us against going in for apprenticeship.
One more thing I wanted to know was -- are apprentices to be covered under PF and ESIC and once we take apprentices but in the future do not need them can we stop taking them or it has to be continued?
As far as my knowledge goes only people who are from various ITI trades are treated as apprentice but I have seen a few appointment letters wherein diploma engineers are taken onboard as an apprentice and then given stipend. Is this possible?
From India, Bharuch
16We are a civil engineering company. We would like to take apprentices in survey and Lab operator trades. We had made an inquiry with the Apprentice office and were told that once we take up apprentices in a particular trade then every year we have to compulsorily keep on filling up the vacancy.
Suppose, I take 2 apprentice under survey trade this year and suppose my company closes down its survey wing and instead plans to take apprentices say 2 in IT trade. In this case we were advised by the Apprentice office that though your survey requirement is not there as per the Act you have to take 2 apprentices from survey trade and you can give them some other work plus the no. of apprentices under other trade as per requirement.
We were also told that you can only stop taking apprentices under this trade when the company shuts down its business, we had a lot of debate on this aspect. We had specifically asked them that as and when our company closes its 1 operation and as long as we take apprentices in other areas where does the problem arise but the apprentice officer was quite adamant and infact advised us against going in for apprenticeship.
One more thing I wanted to know was -- are apprentices to be covered under PF and ESIC and once we take apprentices but in the future do not need them can we stop taking them or it has to be continued?
As far as my knowledge goes only people who are from various ITI trades are treated as apprentice but I have seen a few appointment letters wherein diploma engineers are taken onboard as an apprentice and then given stipend. Is this possible?
From India, Bharuch
Engagement of Apprentice in any trade or business are governed by two statutes i.e Apprentice Act and IESO Act. Any person either appointed as apprentice through Apprentice Agreement with apprentice advisor whether state or centre( depending on appropriate govt) or can be hired and classifed as apprentice trainee under Model standing order of any industrial establishment approved by the concered authority.
As far as concerned about the abolition of apprenticeship, as per my limited knowledge apprentice advisor is right in saying that once you have hired apprentice in any trade than same shall be contiuned to be hired every year. However the contention of the apprentice advisor continuity even for the trade which has been closed down seems to be incorrect. because if the praticular trade/business verticle has been closed down than how the apprentichip can be continued in that trade.
For applicability of PF and ESI Act would like to point out that - PF shall not be applicable to those apprentice/trainee hired either under A. Act or Model Standing order of that Establishment.
In any other case if designation given as apprentice/trainee attracts applicability of PF Act.
ESI shall not be applicable to only those apprentice/trainees hired under A. Act through apprentice advisor. in apprentice/trainee hired under Model Standing Orders ESI Act shall be applicable ( post amendment in 2010 in defination of Employee).
Comming to your last question yes apprentice/trainee as Graduate Engineer Trainee ) GET/DET ( Dimploma Engineer Trainee) are recognized by central apprentice board/state apprentice board, constiuted under A Act. simple registration is required to engage GET/DET, such trainees should have qualification as Graduate Engineering/Diploma Engineer, and the period of training shall be one year ( depending on sucessful training). All formalities under A Act, ( apprentice agreement/record of training etc need to complied with). Such trainee shall be entitled stipned as notified by govt from time to time ( even 50% of stipned shall be reimbrushable from govt). NO ESI/PF applicability.
As far as concerned about the abolition of apprenticeship, as per my limited knowledge apprentice advisor is right in saying that once you have hired apprentice in any trade than same shall be contiuned to be hired every year. However the contention of the apprentice advisor continuity even for the trade which has been closed down seems to be incorrect. because if the praticular trade/business verticle has been closed down than how the apprentichip can be continued in that trade.
For applicability of PF and ESI Act would like to point out that - PF shall not be applicable to those apprentice/trainee hired either under A. Act or Model Standing order of that Establishment.
In any other case if designation given as apprentice/trainee attracts applicability of PF Act.
ESI shall not be applicable to only those apprentice/trainees hired under A. Act through apprentice advisor. in apprentice/trainee hired under Model Standing Orders ESI Act shall be applicable ( post amendment in 2010 in defination of Employee).
Comming to your last question yes apprentice/trainee as Graduate Engineer Trainee ) GET/DET ( Dimploma Engineer Trainee) are recognized by central apprentice board/state apprentice board, constiuted under A Act. simple registration is required to engage GET/DET, such trainees should have qualification as Graduate Engineering/Diploma Engineer, and the period of training shall be one year ( depending on sucessful training). All formalities under A Act, ( apprentice agreement/record of training etc need to complied with). Such trainee shall be entitled stipned as notified by govt from time to time ( even 50% of stipned shall be reimbrushable from govt). NO ESI/PF applicability.
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