Contract of Apprenticeship
DEED OF APPRENTICESHIP made on the . . . . . . . . . . . . . day of the month of . . . . . . . . . two thousand. . . . . . . . . between Messrs . . . . . . . .,/ a company registered under the Companies Act, 1956, having its registered office at . . . . . . . . . and its factory or works at . . . . . . . . ./or/a firm of partners registered under the Indian Partnership Act, 1932, having its principal place of business at . . . . . . . . and its factory or works at . . . . . . . . ./of the one part (hereinafter called ‘‘the Employers’’) and Shri . . . . . . . . .., son of . . . . . . . . . ., aged about . . . . . . . . . years, a resident of . . . . . . . . ., temporarily residing at present at . . . . . . . . . of the other part (hereinafter called ‘‘the Apprentice’’)/and in case the apprentice is a minor/a minor aged about . . . . . . . . . years, (hereinafter called ‘‘the Apprentice’’) . . . . . . . . ., son of . . . . . . . . ., at present residing with and under the care of his father/mother Shri/Smt . . . . . . . . / or/lawful guardian Shri/Smt . . . . . . . . ., son of/widow of/Shri . . . . . . ., resident of . . . . . . . of the other part (hereinafter called ‘‘the Guardian’’).
WHEREAS the Employer owns a workshop for repairing and servicing motor vehicles; and
WHEREAS the Apprentice has completed his education, having passed the High School Examination with Science as one of the subjects of study and is interested in and seems to have an aptitude for motor mechanics; he is young and healthy and of good physique; and otherwise also he is suited to the job of a motor mechanic which he has decided to take up as his vocation; and
WHEREAS the Apprentice having applied for and the Employer being willing to take him as an apprentice mechanic in its said workshop and on satisfactory completion of his training and qualifying as a motor mechanic, to employ him as such in its said workshop, or any of its other works or establishments anywhere in India in the usual grade of pay admissible to its other employees of equal rank, qualifications and capacity and on the usual terms and conditions of service applicable to its employees of that class;
NOW, THEREFORE, this Instrument of Apprenticeship witnesses—
1. That the Apprentice shall serve and the Employer will employ him as an apprentice mechanic at its workshop for repairing and servicing motor vehicles situated at . . . . . . . . . (or at any other of its works or establishments anywhere in India to which the Employer may in its sole discretion choose to post him), beginning with the . . . . . . . . . day of . . . . . . . . ., 20 . . . . . . . . .
2. That the Employer shall pay to the Apprentice a stipend at the following rates:
During the first year . . . .??Rs . . . . . . . . .p.m.
During the second year . .??Rs . . . . . . . . .p.m.
During the third year . . . .??Rs . . . . . . . . .p.m.
During the fourth year . .??Rs . . . . . . . . .p.m.
of actual employment as Apprentice.
3. That the Apprentice shall not be required to work for longer hours than those prescribed by the Apprenticeship Rules, 1962, and shall be entitled to leave as prescribed by the said Rules.
4. That the Employer shall be entitled to require the Apprentice to undergo such course of training and appear at and pass such trade tests or examinations and at such intervals as may be recognised or prescribed by the Government or customary in the trade, for judging the progress made by the Apprentice and his qualification for employment as a mechanic in the Employer’s workshop. Failure to pass any such test or examination in the first attempt shall render the apprenticeship liable to termination forthwith and discharge of the Apprentice without notice:
Provided that the Employer may on good cause shown to its satisfaction, such as, illness or other circumstances beyond the apprentice’s control extend the apprenticeship for such period as may be necessary to enable the Apprentice to take the test or examination at which he has failed, or which he has failed, at the next ensuing turn of such test or examination, but such extension shall be granted only once and an Apprentice who fails to take or pass or qualify at the test or examination, even on the second occasion, shall forthwith be discharged without notice.
5. That the Employer may for good cause, such as, misconduct, indiscipline, inaptitude or incapacity for work or inefficiency and unsatisfactory progress, terminate the employment of the Apprentice at any time:
Provided that the Employer shall not do so without giving the Apprentice a reasonable opportunity to explain his conduct.
6. That on a termination of the apprenticeship for any such cause as aforesaid, in clauses 4, 5 hereinabove the Apprentice shall be liable to refund the cost of training at the rate of twice the amount of stipend payable to him under clause 2, and the Apprentice/or his Guardian shall refund the same to the Employer on a demand being made in that behalf.
7. That in case either party desires to terminate the contract of apprenticeship for any other cause before the expiry of the full term of 4 years the party desiring to do so may apply to the Apprenticeship Advisor for an order entitling that party to do so on payment of such compensation or refund as may be determined by the authority in accordance with the provisions of Section 7 of the Apprentices Act, 1961. Similarly, if the Employer desires to have the contract of apprenticeship novated for the further continuance of the apprenticeship with some other Employer, the same may be had in accordance with the provisions of Section 5 of the said Act.
8. That on completion of the period of apprenticeship or such extended period as the Employer may allow, and the attainment of the necessary qualification and ability for the work of a motor mechanic in the said workshop of the Employer for repairing and servicing motor vehicles situated at . . . . . . . . the Apprentice shall be bound, on being required by the Employer to serve as such for a period of 5 years certain on such pay and emoluments as the Employer may be paying at that time to its other employees of equal class, rank, ability and experience, at the said workshop or at any other works or establishment of the Employer anywhere in India, and if the Apprentice neglects to or omits or refuses, to faithfully serve as such to the best of his ability and capacity, he shall be liable to refund and pay to the Employer by way of cost of training and/or liquidated damages for breach of contract a sum equivalent to twice the amount of stipend paid to him by the Employer.
9. That in consideration of the premises hereinabove contained the Guardian hereby undertakes to refund and pay to the Employer all such sums which the Apprentice is said to be liable to refund and pay under the contract of apprenticeship entered into hereby between the Guardian for and on behalf of and for the minor Apprentice’s benefit, and in case the Apprentice neglects to, or omits or refuses on attaining majority to ratify and undertake the obligations hereby undertaken for and on his behalf by the Guardian, or in case the contract becomes or is discovered to be void for any other cause, the Guardian shall refund and pay to the Employer as compensation a sum equivalent to twice the amount of stipend paid to the Apprentice till the date of such event by the Employer.
In WITNESSES WHEREOF the parties hereto have executed this Instrument on the date first hereinbefore mentioned.
1. 1.??Sd. Employer.
2. 3.??Sd. Guardian.