APPRENTICES AND THEIR TRAININGCentral
Section 13 of The Apprentices Act, 1961
- (1)The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the 1[prescribed minimum rate, or the rate which was being paid by the employer on 1st January, 1970 to the category of apprentices under which such apprentice falls, whichever is higher,] as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed. 2[(2) An apprentice shall not be paid by his employer on the basis of piece work nor shall he be required to take part in any output bonus or other incentive scheme.] STATE AMENDMENT Maharashtra. In section 13 of the principal Act, after the existing sub-section (1), the following sub-sections shall be inserted, namely:-- (1A) The minimum rate of stipend per month payable to trade apprentices who do training for eight hours per day shall be as follows, namely:--
- (a)During the first year of training . . Seventy per cent. of minimum wages of semi-skilled workers notified by the State.
- (b)During the second year of training . .Eighty per cent. of minimum wages of semi-skilled workers notified by the State.
- (c)During the third year of training . .Ninety per cent. of minimum wages of semi-skilled workers notified by the State. (1B) The trade apprentices who do training for minimum four hours per day, the rate of stipend per month shall be fifty per cent. of the rates mentioned in clauses (a), (b) and (c) of sub-section (1A), respectively: Provided that, in the case where the minimum rate of wage for a trade is not notified by the State, then the maximum of minimum wages of the Scheduled Employment notified by the State for semi-skilled workers shall be taken into account for paying the stipend in respect of that trade: Provided further that, in the case of trade apprentices referred to in clause (a) of section 6 of the Act, the period of training already undergone by them in a school or other institution recognized by the State Council, shall be taken into account for the purpose of determining the rate of stipend payable.. [Vide Maharashtra Act 17 of 2018, s. 5]. Rajasthan Amendment of section 13, Central Act No. 52 of 1961.— For the existing section 13 of the principal Act, the following shall be substituted, namely:- “13. Payment to apprentices.- The employer shall pay to every apprentice during the period of apprenticeship training such stipend at a rate not less than the minimum wages notified by State Government under the Minimum Wages Act, 1948 (Central Act No. 11 of 1948) for unskilled worker category, as may be specified in the contract of apprenticeship and the stipend so specified shall be paid at such intervals and subject to such conditions as may be prescribed.”. [Vide Rajasthan Act 2 of 2015, s. 6]
Summary
- The employer must pay every apprentice a stipend during their training period.
- This stipend cannot be lower than the minimum rate set by the Government.
- If an employer was paying a higher rate for that category of apprentice on January 1, 1970, they must pay that higher rate.
- Stipends must be paid at set intervals and follow prescribed conditions.
- Employers are forbidden from paying apprentices based on "piece work" (pay per item made).
- Apprentices cannot be required to participate in output bonuses or incentive schemes.
Practical examples
1Anita is an apprentice at a garment factory. Her employer must pay her the fixed monthly stipend of 7,000 rupees as per the contract. The employer cannot tell her she will be paid 50 rupees for every shirt she sews instead of the stipend.
2A tool-and-die shop has a bonus program where workers get an extra 500 rupees if they exceed their production quota. The manager correctly informs the new apprentice, Sam, that he is not allowed to participate in this bonus scheme because the law requires a steady stipend instead.
FAQ
1. Can my stipend be reduced if I work slowly?
No. Section 13(2) prohibits piece-work payments. You must be paid the specified stipend regardless of individual output.
2. What if my employer pays other apprentices more than the Government minimum?
The contract will specify your rate, but it must be at least the prescribed minimum or the rate paid by that employer in 1970 for that category, whichever is higher.
3. How often will I get paid?
Stipends are paid at such intervals as may be prescribed in the rules, usually once a month.
Test yourself
Q1.Under Section 13 of The Apprentices Act, 1961, what is the rule regarding "piece work" payments for apprentices?
Q2.According to Section 13 of The Apprentices Act, 1961, can an apprentice participate in an "output bonus" scheme?
Q3.Under Section 13(1) of The Apprentices Act, 1961, the stipend rate must be the higher of the prescribed minimum or the rate paid by that employer on which specific date?
Q4.If the period of apprenticeship training is extended under Section 6, does the employer still have to pay the stipend under Section 13?