By: Seth Dua & Associates
New Delhi, India
Original Act: Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by certain Establishments) Act, 1988 (“LE Act”)
In terms of the LE Act, employers of 'very small establishments', i.e. establishments in which not more than 9 (nine) persons are employed or were employed on any day of the preceding 12 (twelve) months (“ Very Small Establishments”) and 'small establishments', i.e. (establishment in which not less than 10 (ten) and not more than 19 (nineteen) persons are employed or were employed on any day of the preceding 12 (twelve) months (“ Small Establishments”) were exempted from furnishing returns or maintaining the registers under certain labour legislations as set out in the LE Act, provided that returns specified under the LE Act were filed by the employer.
In terms of the LE Amendment Act issued on December 10, 2014, the definition of 'Small Establishments' has been amended to increase the maximum number of persons employed in the preceding 12 (twelve) months from 19 (nineteen) to 40 (forty).
Further, the registers required to be maintained can now be filed electronically. The forms required to be filed thereunder have also been amended.
Apprentices (Amendment) Act, 2014 (“Apprentices Amendment Act”)
Original Act: Apprentices Act, 1961 (“Apprentices Act”)
In terms of the Apprentices Amendment Act, the following are the major amendments that have been notified vide a notification dated December 8, 2014 issued by the Ministry of Law and Justice:
- The term ‘designated trade’ has now been defined as follows:
“means any trade or occupation or any subject field in engineering or non engineering or technology or any vocational course which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act.”
The aforesaid definition has been amended to include the term non engineering.
- The term ‘industry’ has now been defined as follows:
“means any industry or business in which any trade, occupation or subject field in engineering or non engineering or technology or any vocational course may be specified as a Designated Trade.”
The aforesaid definition has been amended to include the term non engineering.
- The term ‘worker’ has now been defined as follows:
“means any person working in the premises of the employer, who is employed for wages in any kind of work either directly or through any agency including a contractor and who gets his wages directly or indirectly from the employer but shall not include an apprentice referred to in clause (aa).”
The underlined text has primarily been added.
- In terms of the Apprentices Amendment Act, a person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any Designated Trade, unless he is not less than 14 (fourteen) years of age and for Designated Trades related to hazardous industries, not less than 18 (eighteen) years of age.
The underlined text has been added.
- The provisions regarding contract of apprenticeship have been amended. In terms hereof, “every contract of apprenticeship shall be sent by the employer within 30 (thirty) days to the Apprenticeship Adviser until a portal-site is developed by the Central Government, and thereafter the details of contract of apprenticeship shall be entered on the portal-site within 7 (seven) days, for verification and registration. In the case of objection in the contract of apprenticeship, the Apprenticeship Adviser shall convey the objection to the employer within 15 (fifteen) days from the date of its receipt. The Apprenticeship Adviser shall register the contract of apprenticeship within thirty days from the date of its receipt.”
- Now, the employer may engage apprentices from other States for the purpose of providing apprenticeship training to the apprentices.
- With respect to hours of work, the Apprentices Amendment Act states that 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. Additionally, regarding leave and holidays, an apprentice shall be entitled to such leave and holidays as are observed in the establishment in which he is undergoing training.
- With the riding technology wave, now every employer is required to give trade-wise requirement and engagement of apprentices in respect of apprenticeship training on portal-site developed by the Government of India (“GoI”).
- Now, every employer is free to formulate its own policy for recruiting any apprentice who has completed the period of apprenticeship training in its establishment.
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