I am working as an apprentice in a factory in Kolkata but the employer is not paying the stipend, what can I do?
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Below is a comprehensive legal analysis based on Indian law for your question.
Payment of stipend to apprentices is a statutory obligation under the Apprentices Act, 1961, read with the West Bengal Premises Tenancy Act 1997 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 Kolkata. The Calcutta 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.
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