APPRENTICES AND THEIR TRAININGCentral

Section 15 of The Apprentices Act, 1961

1[(1) The weekly and daily hours of work of an apprentice while undergoing practical training in a workplace shall be as determined by the employer subject to the compliance with the training duration, if prescribed.]

(2)No apprentice shall be required or allowed to work overtime except with the approval of the Apprenticeship Adviser who shall not grant such approval unless he is satisfied that such overtime is in the interest of the training of the apprentice or in the public interest. 2[(3) An apprentice shall be entitled to such leave and holidays as are observed in the establishment in in which he is undergoing training.]

Summary

The employer determines the daily and weekly hours of work for an apprentice in the workplace.
The employer must ensure these hours comply with any prescribed duration for the training.
Employers cannot require or allow an apprentice to work overtime without prior approval.
Overtime approval is only granted by the Apprenticeship Adviser if it benefits the training or the public interest.
Apprentices get the exact same leave and holidays that are normally observed in the establishment where they train.

Practical examples

1Amit is a mechanic apprentice at a local garage. The garage owner sets his shift from 9 AM to 5 PM, Monday to Friday, which fits within the training guidelines. When a major public holiday occurs, Amit gets the day off just like the regular mechanics do.

2A manufacturing plant receives a massive rush order and wants their apprentice, Sunita, to work ten extra hours over the weekend. The manager cannot just tell her to stay. They must first write to the Apprenticeship Adviser and prove that this overtime will help Sunita learn her trade faster.

FAQ

1. Can my boss make me work 12-hour shifts every day?

No, your hours are determined by your employer but they must still comply with the prescribed training duration rules.

2. Do I get paid extra if I choose to work overtime?

You cannot even choose to work overtime without the approval of the Apprenticeship Adviser, who must verify it is actually good for your training.

3. Do apprentices get summer vacations like students?

You get the specific leave and holidays that the workplace observes for its staff, not school vacations.

Test yourself

Q1.Under Section 15 of The Apprentices Act, 1961, who has the primary authority to determine the daily and weekly hours of work for an apprentice?

Q2.Under Section 15 of The Apprentices Act, 1961, what is required before an apprentice can work overtime?

Q3.Under Section 15 of The Apprentices Act, 1961, what justifies the approval of overtime for an apprentice?

Q4.Under Section 15 of The Apprentices Act, 1961, how are an apprentice's holidays determined?

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