can an apprentice claim to be an employee of a factory?
shubh chandrika
(Querist) 28 October 2009
This query is : Resolved
Dear Experts,
(a) What is the maximum period of apprenticeship with a factory? Can the period of apprenticeship be extended to 4 years? if yes, then can the apprentices claim to be employees of that factory after working continuously for 240 days upto 4 years?
(b) If apprentices are working in a factory continuously for 240 days, will they be deemed as employees of that factory? can the apprentices claim to be employees of that factory?
H. S. Thukral
(Expert) 28 October 2009
An apprentice if not appointed through Apprentices Act is an employee of the company but to what benifts of employment he is entitiled to depends upon the definition contained in various industrial laws. You seem to be concerned about Industrial Disputes Act. By working 240 days in a year, which otherwise would mean continuous service of one year, an apprenctice can not claim permanent employment. He even can not claim retenchment compensation if the terms of employment define him purely an Apprentice. He will ofcourse be treated at par with other employees in respect to holidays/working hours/rest intervals etc. If however the apprentices can show that they infact are employees of the company doing regular work they can raise an industrial dispute for regularisation of their jobs.
R.R. KRISHNAA
(Expert) 28 October 2009
Apprentices are not workmen and labour laws are not applicable to them.
The facts of your querry is similar to a case (Ghisilal Vs State Industrial Court and Others) where it was held that an apprentice is a workman (under certain factual conditions stated by you).
Raj Kumar Makkad
(Expert) 28 October 2009
An apprentice has no legal right to claim himself as an employee of the factory untill and unless his appointment is made accordingly or he has already been appointed under the provisions of apprenticeship act.
Khaleel Ahmed
(Expert) 03 November 2009
I agree with Mr. Krishna.
