FAQs – Apprenticeship Training Scheme (ATS)
 

1. What is Apprenticeship Training?

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

1. Basic training  

2. On-the-job-training (OJT)/practical(shop floor) training at workplace depending on the qualification.

2. Is Apprenticeship Training mandated under the Act?

Yes –

• 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 (including direct contractual employees) every year.

• For establishments having a workforce between 4 - 29 this is optional.

• Establishments have a workforce of 3 or less are not permitted to engage apprentices.

3. Which kinds of industry covered under this program/mandate?

All sectors including  Manufacturing, Service and Educational.

4. What is On-the-job-training (OJT)?

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

5. What are the kinds of Trades /Courses establishments can take up under the Apprenticeship act?

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

1. Designated Trades: Those notified by the Government (NCVT) are referred to as "Designated Trades" and

2. Optional Trades: The other trades which are not included in the notified list of the Designated Trades but opted as a Trade/Course to be run under the Apprentices Act by an establishment are referred to as “Optional Trades”.

Industries can customize syllabus of optional trades & can get it approved from NSDC( National Skill Development Corporation) through Sector Skill Council.

6. What is a Designated Trade?

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 https://apprenticeshipindia.org/

7. Who all are eligible to be apprentices under the Act?

Any individual who has completed 14 years of age (18 years in case of Hazardous Industries defined under the Apprenticeship Rules),  &  5th class pass (for Optional Trade), 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 - https://apprenticeshipindia.org/

8. Is registration of contract of apprenticeship required?

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

9. What is the procedure for online registration of contract of apprenticeship?

• The establishment needs to register on the apprenticeship portal online; view the application of candidates online & notify apprenticeship opportunities online

• Candidate registers on the apprenticeship portal & applies for an establishment for apprenticeship training against notified apprenticeship opportunities posted by an establishment.

• Establishment searches on the portal and offers a seat to candidates found suitable.

• An establishment can also search for the candidate offline and get them registered on the portal

• Candidate receives the offer of apprenticeship online from the establishment and accepts it

• The acceptance is again reflected in the MIS account of establishment.

• The establishment approves the accepted offer from the candidate. A contract having a unique contract number is generated between the establishment and candidate and signed by both parties online.

• In case of Designated Trades, this contract of apprenticeship is now reflected in the MIS account of approving authority and is registered/approved by him

• In case of Optional Trades, the apprenticeship contract will be uploaded on the portal site- http://apprenticeshipindia.org.

• Upon such registration/approval, the candidate gets the status of an apprentice.

10. What is the eligibility criteria for apprentices under the apprenticeship program?

Apprentice must fulfill the following:

• The minimum age prescribed under the Act for an apprenticeship is 14 (18 years in case of hazardous industries) and he/she must have educational/technical and physical qualification prescribed under the Curriculum for the concerned trade;

• Minimum of 5th class pass

• Apprentice must be registered on the Apprenticeship portal.

• Apprentice must have an Aadhaar number / or a Unique Identification Number in the case of J & K and North-East candidates/apprentices.

11. Who/what is an employer/ establishment?

An employer/ establishment is a person/industry who has a business in any trade or occupation and having infrastructure for providing On the Job Training (OJT)

12. What is the procedure for registration of an establishment/ employer on the apprenticeship portal?

Establishments have to access the apprenticeship portal and register themselves online for the apprenticeship portal “http://www.apprenticeshipindia.gov.in”  

13. How many apprentices can be engaged by an industry/establishment?

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.

14. How can an establishment engage apprentices?

Employer may access “http://www.apprenticeshipindia.gov.in” 

• For on-line registration

• Notify apprenticeship opportunities on portal

• Search & shortlist interested (or suitable) candidates specific to sector, trades, region etc. online.

• Issue offer letters to candidates online for engaging as apprentices

• Upon their acceptance of the offer, sign contract of apprenticeship with apprentice online

• Submit contract of apprenticeship on-line for approval/registration by respective Joint Apprenticeship Advisor/State Apprenticeship Adviser.

15. What are other benefits for employers to engage apprentices under the Apprenticeship Training?

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. Employers get option to recruit from among the Apprentices by evaluating their performance during Apprenticeship Training.

16. Is Apprentice considered as a worker?

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”

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

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

17. Are apprentices allowed to be engaged in night shift?

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 to be approved by the State Apprenticeship Adviser, on case to case basis.

18. Whether Apprentices are covered under Workmen's Compensation Act, 1923 or not?

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.

19. Can an Establishment pay more than the stipend amount to the apprentices

As per Apprenticeship Rules 1992 (amended upto 2019) minimum rate of stipend has been fixed as per educational/ technical qualification. Employers are free to pay higher rates of stipend. The reimbursement under NAPS would however be limited to the 25% of the prescribed stipend amount (as per Apprenticeship Rules amended on 2019) or Rs 1500/- whichever is minimum, per  month per trainee.