I am working as an apprentice in a factory in Jabalpur but the employer is not paying the stipend, what can I do?
LA Asked by Lata Mangesh from India
Quick Answer
Payment of stipend to apprentices is a statutory obligation under the Apprentices Act, 1961, read with the Madhya Pradesh Rent Control Act 1960 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 Madhya Pradesh Rent Control Act 1960 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 Jabalpur. The Madhya Pradesh 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.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.