Apprenticeship Deed

Apprenticeship is a system of training that includes elements of both employment and education. An apprentice is a student in training who needs to spend months or years in acquiring job-related skills that involve lots of precision. Such skills can be imparted only through training on real work. Apprentices are usually appointed in technological fields where there is a lot of stress on practical knowledge. Theoretical knowledge has its own limits. Real learning, is that which is obtained through practice. Apprenticeships are regarded as good opportunities for students who have just completed their education. There is also the prospect of monetary remuneration which makes apprenticeships attractive. The skills obtained during apprenticeship are invaluable and lasts for a lifetime.

What Is An Apprenticeship Deed?

An Apprenticeship deed is a document that forms the understanding between an organisation and an apprentice. If an apprentice is a major, he/she shall be made to sign the deed by the company. Minors may be signed by a parent on behalf of the apprentice.

The reason for creating a detailed apprenticeship deed is because, in most factories, there are complex machineries that require a lot of care in order to avoid risks. This necessitates documentation that limits the liabilities of the company in case of loss of life and limb due to improper handling and also to prevent damage to machinery. A good apprenticeship deed calls for a cautioned approach on part of the apprentices regarding discipline, safety and other parametres.

Legal Provisions

In India, the procedure of appointment and working of apprentices is regulated under the Apprentices Act of 1961. The Act specifies the rules and regulations to be followed while appointing apprentices including working hours, obligations of apprentice as well as employer, payment, safety and other matters.

The detailed instructions were notified by the government in the Apprenticeship Rules, 1992. Further, the Act of 1961 was amended in 2014 to make it more effective and making certain changes for example with regards to minimum age, qualifications and number of apprentices to appointed.

What To Include In An Apprenticeship Deed?

Introduction

The introduction part covers the date, and description of the parties. The first party shall be the organisation. In case the apprentice is a major, the second party shall be the apprentice; if minor, the second party shall be the parent, since minor individuals are barred from entering into contracts by the Indian Contract Act, 1872.

Purpose

This part briefs as to the approaching of the company or entity by the prospective apprentice or the parent as the case may be and the subsequent acceptance by the company.

The exact nature of the apprenticeship should be described in detail.

Terms And Conditions

Apprenticeship Period

The commencement date of the apprenticeship is entered along with the proposed period in months or years as the case may be.

Covenants By The Apprentice

The apprentice is required to undertake some matters before commencement of the apprenticeship period. The prime among them is to endeavour to become a skilled craftsman/craftswoman before the end of the training period by diligently following the schedule and working sincerely towards that objective. It involves attending practical and instructional classes regularly and not absenting himself/herself without a grave reason.

The covenants also extend to the following factors –

Work Hours

The usual working hours of the apprenticeship in a day shall be mentioned clearly. In case of minors, the work hours may be lesser compared to majors.

Stipend

The stipend payable by the company shall be stipulated along with the condition that the apprentice shall not demand for an increase in the same during the term of the apprenticeship.

Attendance

Since apprenticeship is similar to employment, apprentices may be required to sign on attendance registers in a way similar to regular employees.

Obedience

Obedience to the orders given by superiors is important in learning the craft effectively whether or not it appears arbitrary. This needs to be undertaken by the apprentice expressly.

Appointment

At the end of the apprenticeship, whether the apprentice shall be absorbed as a regular employee shall be at the discretion of the company and the apprentice shall not stake claim for any position in the company as a matter of right.

Covenants By The Company

The organisation is also required to make certain assurances to the apprentice so that the period spent in training is worth for the apprentice.

Training

The company shall covenant arrange for quality training which shall ensure that the apprentice becomes proficient in the craft or trade as described in the purpose of the deed.

Quality Of Instruction

The company should be made to entrust the training of apprentices to qualified personnel who possess appropriate experience.

Stipend

Payment of stipends in time and of the amount specified in the contract is important.This needs to be acknowledged by the company.

Working Hours

The hours during which the apprentice shall work should not exceed the agreed time. This should be agreed by the company to avoid exploitation of cheap labour in the name of apprenticeship.

Applicable Laws And Dispute Jurisdiction

The industrial and labour laws as applicable should be mentioned which shall guide the process of apprenticeship along with the remedies in the event of dispute and the jurisdiction of the courts where a suit may lie in such a case.

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