I am working as an apprentice in a factory in Cuttack but the employer is not paying the stipend, what can I do?
AS Asked by Ashok Yadav from India
Quick Answer
Payment of stipend to apprentices is a statutory obligation under the Apprentices Act, 1961, read with the Odisha Rent Control Act 1962 rules framed by your state for its implementation.
Detailed Legal Analysis
Payment of stipend to apprentices is a statutory obligation under the Apprentices Act, 1961, read with the Odisha Rent Control Act 1962 rules framed by your state for its implementation. The prescribed minimum stipend rates vary by year of apprenticeship and trade, and non-payment is a punishable offence.
You should file a written complaint with the Apprenticeship Adviser of your state or the Regional Director of Skill Development in Cuttack. The Orissa High Court has held that apprentices are trainees and not workmen, so they cannot approach the Labour Court, but they can seek relief through a writ petition.
The employer can be prosecuted and fined for violating stipend provisions, and the contract of apprenticeship may be terminated by you on this ground. Maintain a record of attendance and correspondence as evidence.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.