Section 18 of The Apprentices Act, 1961
Save as otherwise provided in this Act,--
- (a)every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be a trainee and not a worker; and
- (b)the provisions of any law with respect to labour shall not apply to or in relation to such apprentice
Summary
- By default, apprentices learning a designated trade are legally classified as trainees, not as workers.
- Because they are not workers, general labour laws do not apply to them.
- This rule applies unless another specific part of the Apprentices Act explicitly says otherwise.
Practical examples
FAQ
1. Am I considered an employee of the company?
No, legally you are considered a trainee, not a worker or an employee.
2. Can I use labour laws to demand better conditions?
Generally, no. General laws regarding labour do not apply to apprentices, though the Apprentices Act itself provides certain protections.
3. Is there any exception where a labour law does apply to me?
Yes, if the Apprentices Act specifically states that a certain provision applies (like health and safety rules in factories), then that specific exception counts.
Test yourself
Q1.Under Section 18 of The Apprentices Act, 1961, what is the legal status of an apprentice in a designated trade?
Q2.Under Section 18 of The Apprentices Act, 1961, how do general labour laws affect apprentices?
Q3.Under Section 18 of The Apprentices Act, 1961, what phrase allows for potential exceptions to the rule that labour laws do not apply?
Q4.Under Sections 14 and 18 of The Apprentices Act, 1961, how does the Act resolve the conflict between trainee status and workplace safety?