All industries without any exception are bound to engage apprentices to comply the provisions of the Apprentices Act. The industry has to enrol in our online portal (www.mhrdnats.gov.in) with supporting documents like detailing the activity, manpower and infrastructure facility for imparting training. The following table provides list of documents that is needed to complete the enrolment process
- Certificate of incorporation
- Immediate past assessment year Income Tax return
- Total manpower details
- Details on internal complaint committee on sexual harassment of women at work place
- Structured training module for a year
- Brief profile about the establishment (type: PDF, size: less than 1MB)
Assessment and Notification
BOAT (SR) will assess the number of apprentices to be trained in the particular organization based on the technical manpower and training facility available in the industry. After ascertaining the factual information furnished by the industry, the BOAT (SR) will issue notification under section 8(3A) of the Act. Engagement of Apprentices by the Industry / Establishment / Hospital without BOAT’s notification will not be considered under the Act.
Engagement of Apprentices by the Employer
The training slots notified by this board, are required to be filled through any of the following method;
- Direct Campus Selection from Engineering / Polytechnic Colleges
- Through own advertisement by the organization
- Participating Centralized pattern of Selection of Apprentices organized by BOAT (SR).
- Online fetching data from NAT’s portal / obtaining panel of candidates from respective state Directorate of Technical
While engaging the Apprentices, the employer shall ensure the minimum standard of educational qualification and medical fitness of the candidate as stipulated by the Act.
A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he or she
- is not less than fourteen years of age;
- satisfies such standards of education and physical fitness as may be prescribed in the Act.
Submission of Online Apprenticeship Contract Registration Form (ACRF)
The process of Contract creation shall begin with the selection of the category of the student that the Establishment wishes to perform. The search can be done for single or multiple candidate /student. The entire process of contract creation shall be a system based acceptance of terms and conditions replacing the physical signature having all legal security.
Establishment shall have ability to create Contract for maximum of 10 students in a single search
The following fields shall be applied commonly for all the searched students a. Date of joining b. Period of training c. Stipend amount d. Technical skills
Monitoring the Progress of Training
The Employer shall provide a copy of the training module for 12 months before commencement of the training. The apprentice shall maintain a record of the work during the period of his apprenticeship training.
Every employer shall maintain a record of attendance, the progress of training, monthly stipend disbursement details, leave particulars, accident details etc.,
Submission of Claim
The Employers can submit the claim online after the approval of the Quarterly progress of training. The claim without progress report will not be entertained. The claim beyond one year will not be entertained. The claim of particular quarter shall be submitted before 10th of the succeeding Quarter.
Grant of Leave :
In section 15 of the principal Act,— (i) for sub-section (1), the following sub-section shall be substituted, namely:—
“(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed.”;
(ii) for sub-section (3), the following sub-section shall be substituted, namely:—
“(3) An apprentice shall be entitled to such leave and holidays as are
observed in the establishment in which he is undergoing training.”.
Hours of work
Graduate, Technician 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 Advise 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.
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.
Issue of Certificate of Proficiency (COP)
The Employer should record the performance for four quarters in the online Portal after completion of training. Every graduate or technician apprentice, who completes his apprenticeship training to the satisfaction of the regional Board, shall be granted a digital certificate of proficiency by the NATS portal. As per Government of India order No. F 36-14/96-TS IV Dated 6th May, 1997 the one year apprenticeship training under the Act is considered one year experience for Central and State Government Job
Employer’s liability for compensation of injuries
If personal injury is caused to an apprentice by accident arising out of an 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.
Amendment of Contract
An existing contract can be amended if the apprentice takes a leave of more than 27 days or as stipulated by the establishment where the apprentice is undergoing apprenticeship training. The period of apprenticeship training shall get extended by the number of days the apprentice took leave (more than 27).
Establishment shall enter the following details: from and to date of absence and the reason for absence
Upon submission, the establishment can download the Contract
Amendment Form, complete it and share it with respective regional board.
The concerned State Officer can either approve the request or raise
clarification on the amendment request raised by the establishment
Placement officer will assign the request to the concerned officer
The concerned regional State officer shall forward the request onward to the director for further action
The contract amendment request shall now either approved or rejected by the director
Establishment shall get a notification upon approval/rejection of the
contract amendment request
Novation of Contract
Novation of Contract happens when an establishment is closed or in a position where they can no longer engage apprentices for training.
The first employer (establishment) shall raise the request for Novation through in the appropriate format. The following details shall be provided as part of this process: a. Contract Registration Number
b. New Employer (search by Establishment Name) c. Date of Discontinuing from current organisation d. Reason for Novation
With the above information, Novation of Contract form shall be generated
State Officer shall be notified of the novation request
Establishment shall take printout of the form, get relevant signatures and share the physical copy to BOATs/BOPT
State Officer, after reviewing the physical contract shall approve the request. Upon approval, a letter shall be generated.
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 thereof, 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:
- Provided both the parties are agreeable for the earlier termination of the contract
- Provided the apprentice got a regular employment (on production of a copy of the appointment order
- 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.