What are the essential ingredients of a contract of apprenticeship?
(i) No person shall be engaged as an apprentice in a designated trade unless such person or, if he is a minor, his guardian has entered into a contract of apprenticeship with the employer.
(ii) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into as per clause (i)
(iii) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties provided that no such term or condition shall be inconsistent with any provision of the Apprentices Act, or any rule made thereunder.
(iv) Every contract of apprenticeship which is entered into shall be sent by the employer within such period as may be prescribed to Apprenticeship Adviser for registration.
(v) The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act, for being engaged as apprentice to undergo training in the designated trade specified in the contract.
(vi) Where the Central Government, after consulting the Central Apprenticeship Council makes any rule varying the conditions of apprenticeship training of any category of apprentice undergoing such training, then the terms and conditions of every contract of apprenticeship relating to that category of apprentices and immediately before the making of such rule shall be deemed to have been modified accordingly.
(vii) Sub-section (4) of section 4 provides that all the Contracts of Apprenticeship entered into by Employer and Apprentice should be sent to Apprenticeship Adviser within thirty days and thereafter the details of contract of apprenticeship should also be entered on the portal-site for verification and registration.
H. L. Kumar
Advocate, Chief Editor,
Labour Law Reporter
