My company in Gorakhpur wants to engage apprentices; what are the requirements under the Apprentices Act and what stipend must be paid?

Detailed Legal Analysis

To engage apprentices in Gorakhpur, your company must comply with the requirements set forth under the Apprentices Act, 1961, and ensure that the appropriate stipend is paid to the apprentices as per the Act's provisions.

Here are the key requirements and steps for engaging apprentices:

• Registration: Your company must be registered as an establishment under the Apprentices Act. This involves submitting an application to the appropriate authority (usually the Directorate General of Training) along with required documents.
• Apprentice Contract: A formal contract must be executed between the employer and the apprentice, detailing the terms of the apprenticeship, including duration, training details, and other conditions. This is mandated under Section 9 of the Apprentices Act, 1961.
• Eligibility of Apprentices: Apprentices must meet specific eligibility criteria based on their age and educational qualifications as specified in the Act. Generally, the minimum age is 14 years, and the qualifications should align with the trade in which they are being trained.
• Trade Selection: The apprenticeship should be in a designated trade as per the National Council for Vocational Training (NCVT) or State Council for Vocational Training (SCVT) guidelines.
• Training Duration: The duration of the apprenticeship training must comply with the norms prescribed for the respective trade, typically ranging from 6 months to 3 years, depending on the complexity of the trade.
• Stipend Payment: The stipend must be paid as per the provisions of the Apprentices Act. As per the amendments and guidelines issued, the minimum stipend is typically 70% of the minimum wage applicable to skilled workers in the state, but it can vary based on the trade and the level of skill. Employers should confirm the latest stipend guidelines from the Directorate General of Training.
• Compliance with Other Labour Laws: Ensure compliance with other relevant labour laws, such as the Payment of Wages Act, 1936, and the Industrial Disputes Act, 1947, to avoid any legal issues.

By adhering to these requirements under the Apprentices Act, 1961, your company can successfully engage apprentices while ensuring compliance with Indian labour laws.