Apprenticeship and NAPS Awarenessdwsscindia.in/wp-content/uploads/2021/02/Apprenticeship...Apprenticeship and NAPS Awareness FOR HOUSEHOLD AND CAREGIVING INDUSTRY APPRENTICESHIP ACT

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


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


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


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.


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

https://apprenticeshipindia.org/

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.


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.


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.


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)


../../NAPS Guidelines/Apprenticeship Rules -1992.pdf

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


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


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


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


Documents

Apprenticeship and NAPS Awarenessdwsscindia.in/wp-content/uploads/2021/02/Apprenticeship...Apprenticeship and NAPS Awareness FOR HOUSEHOLD AND CAREGIVING INDUSTRY APPRENTICESHIP ACT