Apprenticeship and NAPS Awareness
FOR HOUSEHOLD AND CAREGIVING INDUSTRY
APPRENTICESHIP ACT 1961 (amended 2014)
• Chapter-I - Short title, extent, commencement and Definitions (Sections 1 and 2)
• Chapter – II – Apprentices, Employers their Training. (Sections 3-22)
• Chapter – III – Authorities for various aspects of apprenticeship (Sections 23-37)
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 4
IMPORTANT SECTIONS OF THE ACT
• 3. Qualifications for being engaged as an apprentice• 4. and 5 Contract of apprenticeship to include Novation.• 5A Regulation of optional trade• 6. Period of apprenticeship training.• 9. Practical and basic training of apprentices• 11. Obligations of employers• 12. Obligations of apprentices• 13. Payment to apprentices• 14. Health, safety and welfare of apprentices • 16. Employer's liability for compensation for injuries• 18. Apprentices are trainees and not workers• 21. Holding of test and grant of certificate and conclusion of training• 22. Offer and acceptance of employment• 28 Apprenticeship Advisors are Public Servants • 30-33. Offenses and penalties
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 5
Relevant Sections: Act• Sections 3-10 pertain to eligibility, period, process, training aspects etc.
• Sections 11 to 17 pertain to the obligations of the employers and apprentices.
• Section 18 lays down that the apprentice is a trainee and not a worker, as such labour laws shall not apply to him, and 19 about records and returns.
• Section 21 is about tests and certifications.
• Section 22 is about Offer and acceptance of employment.
This is followed by Chapter III, which gives details of various authorities, penalties and arbitration, constitution of the Boards and Councils as they pertain to Apprenticeship Act. Some of interest are:
• CEO of SSCs have been appointed JAA for Job Roles under the SSC concerned.
• State Mission Directors are appointed State Apprenticeship Advisors.
• Section 28 lays down that Apprenticeship Advisors appointed under the Act shall be deemed to be a Public Servant within the meaning of Section 21 of IPC.
• Section 30 and 31 are about the offences and punishments, a fine from Rs 500-1000, extendable to max of Rs 3000/- in an exceptional case
• Section 33 says that the court shall only take cognizance of the offence under the Act if the complaint is made by the AA within six months of having been committed
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 6
Benefits of Apprenticeship and NAPS
• Compliance.
• Enables, easy/ smooth integration of apprentices into the employer’s organisation.
• Takes care of the induction training.
• Economical/ due reimbursement and status of apprentices being “Trainee”.
• System gets created in the organisation, that integrates new inductees and separations
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 7
Important aspects of the Act
Stipend
Mandatory stipend to be paid apprentices
Cost of Basic Training
Up to Rs 7500/- reimbursable for max of 500 hrs per apprentice
Apprenticeship Training
Basic Training On the Job Training
Establishment Eligibility and Statutory
Norms for Apprenticeship
Employee StrengthEligibility for
Apprenticeship
0-3 Not eligible
4-29 Optional
30 and above
Mandatory to engage
Apprentices @2.5% of
its employee strength,
up to 15%
• Theoretical and lab-instruction part of training
• To take place before on-the-job-training begins
• Mandatory for freshers • Exemption available for ITI pass
outs, diploma holders, PMKVY pass outs, etc.
• Duration: 20 % to 25 % of total apprenticeship duration
• Industries with adequate resources may conduct BTP in-house/ own BTP.
• ITIs may register as BTPs
• The second, larger part of the apprenticeship
• Leads up to final assessment• Duration: 75 % to 80 % of total
apprenticeship duration • To take place at premises of
establishment• Apprentices learn by doing work
processes of the trade concerned• Establishments must provide
training by a person that is qualifiedin the trade.
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 8
Apprenticeship – Bridging Demand and Supply Gaps
Demand Side Supply SideApprenticeship
India is a young nation- youth
educated and skilled; yet
not industry ready
Hence Low employability
High Demand for Industry
Ready Skilled Manpower in
India and in developed
countries that have an aging
workforce
Bridge between Supply-
Demand
&
Reforms make it industry
friendly
19 Dec 2020 9
Apprenticeship Act: Flexible-Discretion to Companies to design/plan
10
Band Can engage apprentices within a band of 2.5% to 15% of its workforce.
Design In Domestic Workers Sector, five optional trades are available for apprenticeship.
Inclusive
Now Service sector mandated to engage apprentices. Besides Degree/Diploma/ITI
Certificate Holder, apprenticeship opened for all including STT trained Candidates.
Basic Training, in house for the others
Convenient •Automated Process through the Portal - https://apprenticeshipindia.org/
•Can conduct Basic Training in-house, file for reimbursements online…..
Self-Regulation Move from Regulation to Self-Regulation. SSC CEO’s appointed as JAA
A Demand/Employer driven Program in the Skilling Ecosystem
Flexibility Duration of apprenticeship between 6-36 months. Left to establishment discretion.
Can conduct Basic Training in-house; Basic Training can be conducted sequentially
or simultaneously with on the job training.
19 Dec 2020
Some Legalities on Apprenticeship
Each Apprentice undergoing apprenticeship training in designated/optional trade in an establishment shall be trainee and not a worker
A.The provision of any law with respect to labor shall not apply to or in relation to such apprentices
Employers have the discretion to pay PF to apprentices if “Provident Fund and Miscellaneous Provision Act, 1952” permit so (Section 2(f))
An apprentice engaged under the Apprentices Act, 1961 is not counted for coverage under the ESIC Act, 1948 (Section 2(9)(1))
Definition of worker under the Apprentices Act (Section 18 of Apprentices Act 1961)
Apprentices are trainees and not workers
CSR & Apprenticeship
Companies can also undertake ‘skill training’ from their CSR funds over and above their minimum requirement (i.e. 2.5% of workforce)
19 Dec 2020 11
Apprenticeship Courses Types
Designated trade apprentices -Apprentices pursuing apprenticeshipfor the trades/courses as has beennotified by the Government.
There are 260+ Designated Courses
Optional trade apprentices –it implies apprentices pursuing any trade or occupation as may be determined by the industry.There are 350+ Courses (approximately 90%
NAPS and 10% Non-NAPS)
• Trades (occupations) notified by the Central Government
• Predominantly in technical and traditional occupations• Courses designed by the Central Staff Training and
Research Institute (CSTARI) and approved by the Central Apprenticeship Council
• Implemented by Directorate General of Training (DGT). • NAPS is available
• Trades (or occupations) self-created by employer or establishment because they find it relevant
• can be Technical and non-technical • Created to provide greater flexibility for establishments and
candidates• Pre-dominantly in services and IT• Implemented by NSDC • NAPS is available if courses are aligned with NSQF.
19 Dec 2020 12
Optional Trade-Essentials
• Age. Not less than 14 years, and not less than 18 in case of hazardous industries.
• Min Edn – 5th Class (Subject to the one prescribed in Trade Curriculum)
• Period of Apprenticeship - for Diploma/ graduates in Non Engineering Trades andVocational Training Certificates-Max 1 year, and others between 6 months to 3 years.
• Period of apprenticeship for optional trades is 6 months to 3 years
• Duration and Syllabus to be declared on the Portal.
• Work Diary to be maintained by the apprentice.
• Contract to be uploaded on the Portal.
• Designated trade shall not be used as optional trade.
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 13
National Apprenticeship Promotion Scheme 2016
25% of Stipend (max Rs. 1500/Month)
Basic Training Cost – Rs 7500 for a maximum of 500 hours
Other Key Features of the Scheme
Incentives to employers and Basic Training PartnersOnline and transparent system of operations due to apprenticeship portal
Scheme is about Reimbursement of: -
NAPS aims to promote apprenticeship training in country, in accordance withthe amendments carried out in the Apprentices Act and to increase theengagement of apprentices
19 Dec 2020 14
Obligation of Employers
• To provide the apprentice with the training in his trade in accordance with the provisions ofthis Act, and the rules made thereunder;
• If the employer is not himself qualified in the trade, to ensure that a person [who possessesthe prescribed qualifications] is placed in charge of the training of the apprentice;
• To provide adequate instructional staff [possessing such qualifications as may beprescribed], for imparting practical and theoretical training and facilities for trade test ofapprentices; and
• To carry out his obligations under the contract of apprenticeship.
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 15
Obligations of Apprentices
• To learn his trade conscientiously and diligently and endeavour to qualifyhimself as a skilled craftsman before the expiry of the period of training;
• To attend practical and instructional classes regularly;
• To carry out all lawful orders of his employer and superiors in theestablishments; and
• To carry out his obligations under the contract of apprenticeship whichshall include the maintenance of such records of his work as may beprescribed.
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 16
Section 14-Record and Return..\..\NAPS Guidelines\Apprenticeship Rules -1992.pdf
• Contract-Format 1 in Schedule III
• Work diary - Format 2 in Schedule III
• Register of Attendance.
• Record of work done and training undertaken.
• Report on the above to be prepared per quarter as per Format 3 of Schedule III and to be sent to appropriate authority. (Director Regional Board for Apprenticeship Training Concerned)
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 17
Recent reforms approved in 36th CAC meeting
Upper limit for engaging apprentices increased from 10% to 15%, subject to 5% being reserved for Fresher apprentices and skill certificate apprentices
Strength of an establishment to engage apprenticeship lowered from 40 to 30) employees.
Strength of establishments eligible to engage apprenticeship lowered from 6 to 4
Duration of apprenticeship training for optional trade can be from 6 months to 36 months
Payment of stipend for 1st year shall now be fixed rather than linking it to minimum wages
Skill certificate holder to get stipend as per his/her educational qualification
10% & 15% hike in 2nd and 3rd year respectively for apprenticeship training
50% of stipend to be paid to fresher apprentices during Basic training for a period of up to 3 months
Full Stipend to be paid for simultaneous Basic Training & On-the-job-training
Establishments can engage apprentices of age 18 & above in normal working hours of the establishment (including night shifts)
For apprentices under the age of 18, shall be engaged for apprenticeship between 8am to 6pm.
Sub-Committee to CAC to be constituted for take up approval of new curriculum/course
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 18
Life Cycle of an Optional Trade
Establishment
Registration
Course Adoption / Design
Search Candidates and make Offer
Sign and Upload Contract
Engage with TPAs(optional)
Conduct BT andOJT Assessment and
Certification
19 Dec 2020 19
Apprenticeship Rates as per 36th CAC Meeting
Category Prescribed minimum stipend
amount
School pass-outs ( class 5th - class 9th ) ₹ 5000 per month
School pass-outs ( class 10th) ₹ 6000 per month
School pass-outs ( class 12th) ₹ 7000 per month
National or State Certificate holder ₹ 7000 per month
Technician (vocational) apprentice or Vocational Certificate holder or
Sandwich Course (Students from Diploma Institutions)
₹ 7000 per month
Technician apprentices or diploma holder in any stream or sandwich
course (students from degree institutions)
₹ 8000 per month
Graduate apprentices or degree apprentices or degree in any stream ₹ 9000 per month
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 20
DWSSC Optional Trades for Apprenticeship/ NAPS
Course Sub SectorBasic Training
(Hours)
OJT
(Hours)
Notional
Period
General Housekeeper
Household/
Housekeeping
240 1200 Nine Months
Housekeeper cum Cook 400 1200 One Year
Household Multipurpose
Executive340 1600 One Year
Child caretaker (Non
Clinical)Caregiving
210 1600 One Year
Elderly Caretaker (Non
Clinical)210 1600 One Year
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 21
Apprenticeship Quota for Companies with Contractual Employees• Consider company A which is a staffing/recruitment company that has an employee strength of 1000
employee and is providing 900 contractual employees (on rolls of Company A) to Company B (Principal Employer) who has 100 employees on payroll (regular employees and contract employees in roll of Company B). Company B pays its fee to Company A as part of the agreement and Company A makes salary payments to the 900 contractual employees. The following will be the Apprenticeship Liability of both companies.
Company A (staffing company)• Employee Count – 1000• Apprenticeship Quota –25 (2.5%) – 150 (15%)• These apprentices need to have a direct contract with company A. However, they can do their
apprenticeship in Company B. In such a case, the place of apprenticeship in the contract will have details of Company B.
Company B (principal employer)• Employee Count – 100• Apprenticeship Quota – 3 (2.5%) – 15 (15%)• These apprentices need to have a direct contact with Company B. Company B, however, can have
apprentices of company A on its shop floor (as explained above). In such a case, it is mandatory for company A to share the contract(s) of such apprentices with Company B.
19 Dec 2020 22
Assessment and certification flow in Apprenticeship
Employerassessorconductsevidence
based OJTassessment
Company HRcollects themarks andupload in
portal
Intimation To
Company
1 Month Prior
Employer assessor Collects
marks and give to HR
Marks will beauto compiled
in the Appportal
BT and OJTcompleted
ofapprentices
in acompany
CertificateGeneration
Conduct Online
Assessment As Per
Assessment Criteria
Intimation to SSC
1 month prior SSC will
allocate toAA/
Assessor
Assement marks will be sent to SSC
19 Dec 2020 23
Responsibility: Assessment
Activity ResponsibilityAssessment Criteria SSCQuestion Bank SSCConduct of Assessment (incl. Evidence) SSC at the end of apprenticeship trainingSharing of Results Employer will upload on portalTools and methods used OnlineCertification Joint certification at the end of Apprenticeship training
O J T
Activity ResponsibilityAssessment Criteria Employer Assessor
Question Bank Employer Assessor
Conduct of Assessment Employer Assessor
Sharing of Results Employer will send a sheet of module marks to SSC
Certification Joint certification between SSC and Employer
Basic Training Assessment
19 Dec 2020 24
Name :
Course
Name:
QP Name :
QP Code :
NSQF Level :
Sector :
Module
name
NOS
Narrate
NOS
code
Maximum
Marks
Allotted
Marks
obtained
Total MarksPass
Marks
overall
Grade
Mark sheet For OJT/ Basic Training
Name :
Course
Name:
QP Name :
QP Code :
NSQF Level
Sector :
NOS CODENOS
Narrate
Maximum
Marks
Marks
obtained
Total Marks Pass Marks Overall Grade
Chairman Signature
Sector Skill Council 19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 25
19 Dec 2020 Col Pradeep Bajaj (Retd)-Head R&P 26