Can an employer pay higher rate of monthly stipend than the prescribed minimum stipend rate?

The employer can pay more than the minimum prescribed amount to an apprentice. However, the 50% reimbursement is restricted to the prescribed amount only. Most of employers pay higher rate of stipend to attach the candidates for Apprenticeship training and to minimize the attrition.

Can Apprentices be considered as workers?

As per the Apprentices Act, 1961
(a) every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and
(b) the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.

Can management trainees be considered for Apprenticeship training?

No. Management trainee cannot be considered for Apprenticeship training.

Can the employer deduct stipend when the apprentice goes on leave?

As per the Apprenticeship Rules, 1992 Rule 12, no deduction shall be made from the stipend for the period during which an apprentice remains on casual leave or medical leave. Stipend shall, however, not be paid for the period for which an apprentice remains on extraordinary leave.

How do I register a contract for an apprentice after getting notified by BOAT (SR)?

An employer has to register contracts online, BOAT (SR) will issue a unique Apprenticeship Contract Registration Number.

How do the employers select the Apprentices?

The methods of selection will be
1. Direct Campus Selection from Engineering / Polytechnic Colleges or 10+2 Vocational Higher Secondary Schools.
2. Through own advertisement by the organization
3. Participating Centralized pattern of Selection of Apprentices organized by BOAT (SR).
4. Online fetching data from BOAT’s portal / obtaining panel of candidates from respective state Directorate of Technical or Vocational Education.

What action the employer can take if the Apprentice is not showing interest in training?

The employer shall follow the following procedure.
1. The trainee shall be given proper counseling to correct his / her mistake.
2. If the trainee has not corrected his / her mistake, a show cause notice be issued to trainee giving opportunity to correct / express his / her view. The copy of the same be sent to BOAT (SR), Chennai
3. An enquiry committee be formed, and based on the recommendation of the enquiry committee, action can be taken under intimation to BOAT (SR), Chennai

What are the benefits to my organization if it take apprentices?

Engaging Apprentice is a
1. Corporate Social responsibility of an organization.
2. It is an easy way to get trained manpower
3. 50% stipend reimbursement is paid by Government of India for each apprentice trained.
4. It is a statutory obligation.

What are the Hours of work of an apprentice?

The weekly and daily hours of work of an apprentice while undergoing practical training in a workshop shall be such as may be prescribed. Graduate, Technician and Technician [Vocational] apprentices shall work according to the normal hours of work of the department in the establishment to which they are attached for training.

What are the modules covered in the Webportal and Portal Id?

The modules covered in the web portal are ;
1. Candidate Enrollment
2. Establishment Enrollment
3. Facilitate Training Placement
4. Manage Contracts
5. Record of Progress / Add Performance
6. Manage stipend
7. Issue of Digital Certificate of Proficiency
8. Management Report
9. Grievance Handling
10. Student Feedback

What are the obligations of apprentices?

Every Graduate, Technician apprentice and Technician (Vocational) apprentice undergoing apprenticeship training shall have the following obligations, namely,-
(a) to learn his subject field of engineering or technology [or vocational course] conscientiously and diligently at his place of training;
(b) to attend the practical and instructional classes regularly;
(c) to carry out all lawful orders of his employer and superiors in the establishment;
(d) to carry out his obligations under the contract of apprenticeship which shall include the maintenance of such records of his work as my be prescribed.

What are the obligations of employers?

As per the Apprentices Act, 1961 section 12, without prejudice to the other provisions of this Act, every employer shall have the following obligations in relation to an apprentice, namely-

(a) to provide the apprentice with the training in his trade in accordance with the provisions of this act, and the rules made there under;

(b) if the employer is not himself qualified in the trade, to ensure that a person [who possesses the prescribed qualifications] is placed in charge of the training of the apprentice.

(c) to carry out his obligations under the contract of apprenticeship.

What are the qualifications for being engaged as an apprentice?

A person shall be eligible for being engaged as a Graduate or Technician or Technician (Vocational) apprentice if he satisfies one of the minimum educational qualifications specified in Schedule I-A:
1. Graduate Apprentices – (a) A degree in engineering or technology granted by a statutory university.
(b) A degree in engineering or technology granted by an institution empowered to grant such degree by an Act of Parliament.
(c) Graduate examination of professional bodies recognized by the Central Government as equivalent to a degree.
(d) A sandwich course student who is undergoing training in order that he may hold a degree in engineering or technology as mentioned at (a) and (b) above.
2. Technician Apprentice – (a) A diploma in engineering or technology granted by a State Council or Board of Technical Education established by a State Government.
(b) A diploma in engg. or technology granted by a University.
(c) A diploma in engineering or technology granted by an Institute recognized by the State Government or Central Government as equivalent to (a) and (b) above.
(d) A Sandwich Course student who is undergoing training in order that he may hold a diploma mentioned in (a), (b) and (c) above.
3. Technician (Vocational) Apprentices – (a) a Certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognized by the All India Council for Technical Education.
(b) A Sandwich Course student who is undergoing training in order that he may hold a certificate mentioned in (a) above.

What is meant by Apprenticeship training?

Section 2(aaa) of the Apprentices Act, 1961 defines “apprenticeship training and it means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices”.

What is the flexibility the scheme provides to the employer to utilize the notified training slots?

Employer can utilize the graduate slots with diploma engineers and vice versa
1. Employer can engage more apprentices in one discipline if the find it difficult to get candidates in other discipline
2. If the employer wants to engage more apprentices over and above notified training positions they can get approval for addition of required numbers from BOAT (SR).

What is the mechanism for monitoring the process of the trainee and when do the employer can submit claim?

Apprenticeship Training is monitored on quarterly basis once in 3 months. Employer shall submit the progress report Online (Add Performance), hard copy of the claim form generated through portal. BOAT (SR) will verify the progress report & claim form and make reimbursement.

What is the number of Apprentices for a designated branch of engineering?

There is no fixed ratio as such for Graduate, Technician and Technician (Vocational) apprentices. This is determined on a case by case basis by the Regional Central Apprenticeship Adviser in consultation with the employer.

What is the period of Apprenticeship Training?

The period of Apprenticeship training for Graduate, Technician apprentices and Technician (Vocational) Apprentices shall be one year and it can be done only one time under the Act.

What is the procedure to enroll an organization with BOAT (SR)?

The following documents (in pdf 1 MB max)need to be uploaded  in the NATS portal (www.mhrdnats.gov.in)
1) PAN / TAN
2) Profile of the Company
3) Latest Income Tax return
4) Certificate of Incorporation
5) Structured Training Module of the Apprenticeship Training
6) Internal Committee on Sexual Harassment

What is the procedure to enroll an organization with BOAT (SR)?

The Company should enroll in NATS Portal (www.mhrdnats.gov.in) with required supporting documents

What is the procedure to grant leave to apprentices?

As per the Company Leave Policy.

What is the stipend details and percentage of reimbursement?

As per the Apprentices Act stipend for Graduate Apprentice ` 4984/-, Technician Apprentice is ` 3542/- and Technician (Sandwich) Apprentice is ` 2950/-. Out of which 50% is reimbursed to the employer.

What is the time limit for submission of Apprenticeship Contract Registration Card form?

As per the Apprenticeship Rules, 1992 clause 6(1) Every employer shall create the contract of apprenticeship through NATS Portal within 7 days of date of joining.

When should the stipend be paid to apprentice?

As per the Apprenticeship Rules, 1992 Rule 12, the stipend for a particular month shall be paid by the tenth day of the following month.