Apprentices Act, 1961
22. OFFER AND ACCEPTANCE OF EMPLOYMENT. –
(1) It shall not be obligatory on the part of the employer to offer any employment to any apprentice who has completed the period of his apprenticeship training in his establishment, nor shall it be obligatory on the part of the apprentice to accept an employment under the employer.
(2) Notwithstanding anything in sub-section (1), where there is a condition in a contract of apprenticeship shall, after the successful completion of the apprenticeship training, serve the employer, the employer shall, on such completion, be bound to offer suitable employment to the apprentice, and the apprentice shall be bound to serve the employer in that capacity for such period and on such remuneration as may be specified in the contract :
Provided that where such period or remuneration is not, in the opinion of the Apprenticeship Adviser, reasonable, he may revise such period or remuneration so as to make it reasonable, and the period or remuneration so revised shall be deemed to be the period or remuneration agreed to between the apprentice and the employer.
COMMENTS
Apprenticeship confers no legal right of employment
Merely having obtained apprenticeship training given no legal rights to the petitioners either to have 50% reservation to employment or for getting an agreement arrived at between Trade Unions and the management; K. Venkadasan, Secretary, NLCITI Apprentice welfare Assn., Cuddalore Dist . v. Chairman-cum-director, Neyvali Lignite Corporation , 2005 LLR 786.
Employer is bound to offer employment if terms of contract so stipulates
This section binds the employer to offer suitable employment to the apprentice, where there is a condition ( e.g. security bond, etc .) in the contract of apprenticeship and the same condition cannot be withdrawn ex parte by the employer; Sanjay Kumar v. Union of India , 1995 LLR 144 (Del).
Reciprocal rights and obligations
This section creates reciprocal rights and obligations, namely to serve and offer employment on the parties to the contract of apprenticeship i.e. employee and employer; Narinder Kumar v. State of Punjab , AIR 1985 SC 275.
