Frequently Asked Questions

Apprenticeship training is a course of training in an industry or establishment, under a contract of apprenticeship which consists of :-

a) basic training component and
b) on-the-job-training (OJT)/practical training at workplace.

Yes –

All sectors including manufacturing and service.

National Apprenticeship Promotion Scheme (NAPS) is a scheme of Government of India to provide financial support to establishments undertaking the apprenticeship training. NAPS was launched on 19th August 2016.

The scheme has the following two components:

The scheme has the following two components:

The Apprenticeship Program in India under the Apprenticeship Act 1961 is implemented by the Ministry of Skill Development and Entrepreneurship (MSDE) at the National level. The MSDE has entrusted the Directorate General of Training [DGT] to implement the apprenticeship training falling under” Designated Trades” and made the National Skill Development Corporation [NSDC] responsible for apprenticeship training under “Optional Trades”. For more details regarding Trades & Courses please visit apprenticeship portal http://apprenticeshipindia.org

Basic training consists of theoretical and practical/ lab instructions segment of every Apprenticeship Program syllabi related to a particular trade post which on-the-job-training is imparted to the apprentice. Basic training is an essential component of apprenticeship training for those who have not undergone any institutional training/skill training before taking up on-thejob-training/practical training. Basic Training is imparted to fresher apprentices for acquiring a reasonable ability to handle Instruments/Machineries/Equipment independently prior to being moved to Shop Floor/Work Area for practical / On-Job training.

Note: The establishment needs to pay the apprentice 50% of the prescribed stipend during basic training.

Training against each category is as follows: -

Note: Exemption only for those opting for Apprenticeship in a qualification-based course, as per each course’s curriculum.

Basic Training usually accounts for 20-25% of the duration of the overall Apprenticeship Program but can vary depending on the specific requirement of the curriculum.

Basic Training usually accounts for 20-25% of the duration of the overall Apprenticeship Program but can vary depending on the specific requirement of the curriculum.

OJT is practical training imparted at the workplace premises of an establishment.

There are two categories of Trades defined under the Apprenticeship act 1961-

Designated Trades are those which have been notified by the Govt as a “Designated Trade.” These are mostly engineering based and appropriate for the manufacturing sector. Courses under Designated Trades are designed by the Central Staff Training and Research Institute (CSTARI), approved by the Central Apprenticeship Council & notified by the Government as a Designated Trade. At present there are 261 such notified courses. Details are available on the apprenticeship portal http://apprenticeshipindia.org

Optional trade means any trade or occupation, or any subject field of engineering, nonengineering, technology or vocational training found relevant by an employer as per their requirements, other than the Designated Trades notified under the Act. Optional trades have been introduced under the Apprentices Act, 1961 to allow employers to create their own courses/trades for providing apprenticeship training. Before the introduction of optional trade, all courses/trades in which an establishment could engage apprentices under the Act were out of the list of “Designated Trades”. Such courses are usually technical/engineering based in nature more relevant to the manufacturing industry. The concept of “Optional Trade” was introduced to give more flexibility to establishment to create courses as per their requirements in the manufacturing, services, trade or any other sector. This has also opened up opportunities to nonengineering Graduates in fields such as B.A, B.Com., B.Sc., (including those pursuing such courses) and 10+2 pass outs from social sciences/commerce or those who have completed NSQF aligned short terms courses to enroll under apprenticeship training programs and become industry ready.

As on 1st August 2018, there are 261 Designated Trades and 200 + Optional Trades across 37 industry sectors available for apprenticeship training. Please refer the updated list of trades and sectors at the following links:

Besides, there are 2000 plus NSQF aligned Qualification Packs (called as Job roles), designed for Short Term courses which the establishments can choose from and add a component of shop floor training (On the Job training) and design an Apprenticeship curriculum and run the Apprenticeship Program under Optional Trade. The establishment can create a new course in their login id & submit the curriculum online at www.apprenticeshipindia.org

List of such courses can be accessed through the link “List of Existing QPs” under approved courses on landing page of the apprenticeship portal.

An apprentice is a person who has entered into a contract of apprenticeship with the employer for apprenticeship training under the Apprentices Act.

Any individual who has completed 14 years of age (18 years in case of Hazardous Industries defined under the Apprenticeship Rules), is a minimum of 5th class pass (for Optional Trade), is meeting the standard of physical fitness for the course and having minimum educational qualification prescribed for a trade can undergo apprenticeship training. Please refer to the Apprentices (Amendment) Act, 2014 & Rules 2019 for more details – both can be found on the landing page of the apprenticeship portal - http://apprenticeshipindia.org

The date on which the contract of apprenticeship has been entered between employer and apprentice and registered online on the web portal http://apprenticeshipindia.org

Online registration of contract of apprenticeship is mandatory for both Designated Trades & Optional Trades.

PMKVY is the flagship scheme of the Ministry of Skill Development & Entrepreneurship. The objective of this Skill Certification Scheme is to enable Indian youth to take up industry-relevant skill training that will help them in securing a better livelihood. PMKVY courses are run by Training Partners under the Sector Skill Councils (SSCs) set up by National Skill Development Corporation (NSDC).

STT courses are short term courses designed by National Council for Vocational Training (NCVT) under the scheme SDI – Skill Development Initiative or by NSDC or various State Governments & other Central Government agencies. Only those pass outs from of all STT courses that are NSQF aligned are exempted from Basic Training under the Act. Others will be treated at par with fresher candidates.

The dual-learning mode has been introduced for improving the connect between industry and ITIs. Under the dual-learning mode of training, the theoretical instructions and basics about safety and tools, equipment along with foundation practical will be imparted in ITIs and relevant on the job training for that particular trade will be given in the industry. ITIs are required to enter MOUs with industries/employers where they want to send their trainees for on the job training.

Modular Employable Skills (MES) Courses are those for whom historically the DGT had been conducting assessments. It has been decided that post 15th August 2018, the assessment and certification of MES Courses would be conducted by SSCs and that in due course, these MES Courses would be QP-NOS aligned and would come under the purview of Sector Skills Councils.

Apprentice must fulfill the following:

An employer/ establishment is a person/entity who has a business in any trade or occupation and having infrastructure for providing On the Job Training (OJT). All establishments having work force (regular and contract employees) of 30 or more are mandated to undertake Apprenticeship Programs in a range from 2.5% -15% of its workforce every year. For establishments having a workforce between 4 - 29 this is optional. Establishments having a workforce of 3 or less are not permitted to engage apprentices.

Establishments have to access the apprenticeship portal https://apprenticeshipindia.org/ and register themselves online for the apprenticeship program in case they opt for Optional Trades. In case the choose to operate Designated Trades, they would need to register on portal http://www.apprenticeship.gov.in

The two portals are to be merged into one in the near future after which only the portal https://apprenticeshipindia.org/ will be functional. The information furnished by them will be used for online validation.

The establishment/employer can go to the “Get Started” option available on the portal and follow “Establishment User Manual”

Establishment shall engage apprentices in a band of 2.5% to 15% of the total manpower strength of the establishment including contractual staff depending on their requirements. For instance, an establishment with total strength of 100 can engage a minimum of 3 apprentices and a maximum of 15 apprentices.

Employers/ establishments interested to avail the benefits of NAPS must fulfill the following conditions: -:

Employers registered under the Apprentices Act, 1961 are exempted towards contribution of EPF and ESI for apprentices engaged by them. Financial support is available for them under NAPS as detailed in this document elsewhere in case they opt for NAPS & fulfill the conditions elaborated therein.

In addition, companies engaging apprentices can also undertake ‘skill training’ from their CSR funds over and above the requirement under the Apprentices Act.

Basic Training Provider (BTP) is an entity who has necessary facilities for a trade and is providing basic training to fresher apprentices, who otherwise do not have any formal education and/or training in related trades, engaged by an establishment.

BTPs will need to self-report requisite details of their organizations and submit them to the Apprenticeship Division at NSDC. Once approved, they can start giving Basic Training under Apprenticeship. Please refer to the BTP guidelines that are available on the Apprenticeship Portal https://apprenticeshipindia.org/ under the ‘Get Started’ section.

The key amendments in Apprentices Act 1961 (amended in year 2014 & 2015) are as below:

Further, a few amendments were made in the Apprenticeship Rules 1992 on 25th September 2019. These are as below:

One can undergo apprenticeship training on the shop floor of any establishment under the Central/State Govt or private sector establishment upon singing of contract of apprenticeship with the establishment.

The National Skill Qualification Framework (NSQF) was notified in the Gazette of India on 27 December 2013. The NSQF organizes qualifications according to a series of level descriptors covering knowledge, skills and aptitude. The NSQF replaces existing frameworks such as the National Vocational Qualifications Framework (NVQF) and the National Vocational Educational Qualification Framework (NVEQF). Each level of NSQF is described by a statement of learning outcomes in five domains, which are known as level descriptors. These five domains are:

NSQF requires that SSCs when developing Qualifications Packs and NOS identify a corresponding NSQF level using the NSQF level descriptors and that this information be included in NSQF level field in the Qualification Pack. It is possible for all current vocational courses, like MES, ITI Courses, or similar vocational courses in schools, colleges and polytechnics, to be aligned to job roles at specific NSQF Levels. An ITI Course in Plumbing would say they are training for plumbers at NSQF Level 3. Similarly, a polytechnic, training in fashion design, may say it is training for NSQF Level 5 for Garment Cutters. National Skills Qualifications Committee organized by NSDA provides the process of aligning courses and qualifications to NSQF

The National Occupational Standards (NOS) specify the standard of performance an individual must achieve when carrying out a function in the workplace, together with the knowledge and understanding they need to meet a standard consistently. Each NOS defines one key function in a job role. The NOS are laid down by employers (through their SSCs). A Qualification Pack (QP) is a set of NOS aligned to a job role.

As per the definitions in Apprenticeship Act, 1961

1. "employer" means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment

2. "establishment" includes any place where any industry is carried on; 5[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of the establishments];

In point no. 2, it is specified that an establishment consists of different department and branches which can be situated at different places; all such branches shall be treated as part of establishment.

On apprenticeship portal, this functionality is already developed where TCI can register and add different office locations in case it wants to operate centrally. If TCI wants to operate in a decentralized manner, there is an option to register multiple branches also, and indicate Head Office and Branch Office structure for all registered branches.

Companies which are covered under the Apprentices Act shall undertake skill training under the Apprentices Act 1961. These companies can also undertake skill training from their CSR funds over and above the minimum requirement under the Apprentices Act.

For more details, please refer to the CSR notification - https://naps-cdn.s3.ap-south1.amazonaws.com/CSR_funds_utilization_under_Apprenticeship_Act.pdf

I. As per section 18 of Apprenticeship Act, 1961, the apprentice is not a worker. The section 18 of act is reproduce here under

Apprentices are trainees and not workers

a) Every Apprentices undergoing apprenticeship training in designated/optional trade in an establishment shall be trainee and not a worker, and

b) The provision of any law with respect to labor shall not apply to or in relation to such apprentice

II. Besides the provision of Provident Fund and Miscellaneous provision Act, 1952 Act and State Insurance Act, 1948 also clarifies apprentices appointed under Apprenticeship Act are not workers. Relevant sections are reproduced as below:

A. Section 2(f) in The Employees’ Provident Funds and Miscellaneous Provisions Act, 1952

B. Section 2(9) in The Employees' State Insurance Act, 1948

Rule 12 C sub rule (2) of Apprenticeship (amendment) Rule 2019 which regulates Apprenticeship Optional Trades provides as under:

An establishment can engage apprentices of age 18 and above in normal working hours of the establishment (including night shifts). Apprentices under the age of 18 shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis.

Rule 12, of Apprenticeship rule 2015 provides as under:

Rule 12: The hours of work: -

(1) The weekly hours of work of a trade apprentice undergoing practical training shall be as follows, namely: -

(a) The total number of hours per week shall be 42 to 48 hours (including the time spent on Related Instruction)

(b) Trade apprentices undergoing basic training shall ordinarily work for 42 hours per week including the time spent on Related Instruction.

(c) Trade apprentices during the second year of apprenticeship shall work for 42 to 45 hours per week including the time spent on Related Instruction.

(d) Trade apprentice during the third and subsequent years of apprenticeship shall work for the same number of hours per week as the workers in the trade in the establishment in which the trade apprentice is undergoing apprenticeship training.

(2) An establishment can engage apprentices of age eighteen and above in normal working hours of the establishment. Apprentices under the age of eighteen shall be engaged in such training between the hours of 8.00 am and 6.00 pm. Any relaxation in the same shall be approved by the Apprenticeship Adviser, on case to case basis (as per Apprenticeship (amended) Rules, 2019).

(3) 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.

Section 15 (2) of the Apprentices Act, 1961 providesas under:

Hours of work, overtime, leave and holidays

(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];

(2) No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser 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.

(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training

Clarification on Apprenticeship Quota for Companies with Contractual Employees

As per the provision of the Act, contractual employees should be on the roll of the companies which are going to engage apprentices.

Clarification regarding engaging apprentices by establishment

Clause 7B of Apprenticeship Rules 1992 (amended in 2015 & 2019): Number of apprentices for designated and optional trade reads as:-

(1) The employers having four or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having number of workers not exceeding thirty shall not be obligatory

(2) The strength of workers shall be calculated on the basis of average strength in the preceding financial year.

(5) Every employer shall disclose their intention of engagement of apprentices both in designated and optional trade on portal site as well as establishment’s portal site (if existing) as per quarters given below:-

As per Apprenticeship (amended) Rules, 2019

In the principal rules, in rule 7B,- (i) for sub-rule (1), the following sub-rule shall be substituted, namely:-

“(1) The employers having four or more workers shall only be eligible to engage apprentices and engagement of apprentices by establishment having thirty or more number of workers shall be obligatory.”; (ii) for sub-rule (3) and (4), the following sub-rules shall respectively be substituted, namely:-

‘‘(3) Within a financial year, each establishment shall engage apprentices in a band of 2.5 per cent. to 15 per cent. of the total strength of the establishment including contractual staff, subject to a minimum of 5 per cent. of the total to be reserved for fresher apprentices and skill certificate holder apprentices.

“(4) In no month, number of apprentices should be less than 2 per cent. of the total strength of the establishment and more than 18 per cent. of the total strength of the establishment subject to the condition that he shall fulfill apprentice months corresponding to minimum 2.5 per cent. obligation in a financial year.’
Further Ministry of Skill Development & Entrepreneurship has vide letter no MSDE-1(1)/2018- AP(PMU) dated 2nd April 2019 stipulated that Industries/establishments can engage apprentice from any of the following category of apprentices, as per their respective requirement to fulfill the mandate of Apprentice Act 1961(amended 2014) and Apprenticeship Rule (amended 2015)

The sum of all total apprentices under various categories will qualify for compliance of provision of Section 7B (3) of Apprenticeship Rule (amended 2015). All establishment are accordingly required to post their Apprenticeship deployment plan on portal (while declaring the strength of manpower of the establishment) every quarter by the 15th of April, 15th of July, 15th of October and 15th January.

On perusal of the Apprenticeship Act and Rules – there are specific provisions namely section 16 of the Act and Sch. 5 (I)(7) of the Rules (reproduced below) which clearly state that if personal injury is caused to an apprentice, by accident arising out of and 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.

Section 16 of Apprenticeship Act | Employer's liability for compensation for injury - If personal injury is caused to an apprentice, by accident arising out of and 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*.

Schedule 5 (I)(7) of Apprenticeship Rules 1992 – If personal injury is caused to an apprentice by accident arising out of and in the course of his training as an apprentice, the employer shall pay to the apprentice compensation in accordance with the provisions of the Workmen Compensation Act, 1923, subject to the modifications specified in the Schedule to the Apprentices Act,1961.

*MODIFICATIONS IN THE WORKMEN'S COMPENSATION ACT, 1923, IN ITS APPLICATION TO APPRENTICES UNDER THE APPRENTICES ACT, 1961 In Section 2-

Thus, basis the modifications in the Schedule, workmen compensation Act is applicable in case of an Establishment-Apprentice relationship. However, please also note that the workman’s compensation act is applicable to “workmen as specified in Schedule II of the Workmen’s Compensation Act, 1923, and primarily covers workmen employed in factories, mines, plantations, mechanically propelled vehicles, construction works, and certain other hazardous occupations in any capacity as is specified in Schedule II of the Workmen’s Compensation Act, 1923

Thus, while workman’s compensation act may not be applicable to services sector per se, it must be examined in the light of schedule II of the Act, to see if the industry/ sector is covered. A simple rule of thumb would be that if workman’s compensation act applied to the employees of that company, it would apply to the apprentice too. Please also note that insurance for workman’s compensation also exists at nominal premiums and it is recommended that insurance be taken by industries to which the Act applies

Powers delegated to a Joint Apprenticeship Advisor (JAA)

Joint Apprenticeship Advisor

3. Duties of the Apprenticeship Advisor: