DEED OF APPRENTICESHIP BETWEEN AN EMPLOYER AND
GUARDIAN OF A MINOR APPRENTICE[CD1]
THIS DEED OF APPRENTICESHIP made at……………this………day of…………20………between M/s…………a
partnership firm registered under the Partnership Act, 1932 and having its
place of business at..............(hereinafter called the "Employer")
of the ONE PART and Shri A son of…………resident of………acting through his father
(hereinafter called the "Father") of the OTHER PART
WHEREAS
(1) The apprentice is a minor
aged about 16 years and the father has requested the employer to engage
Shri………………(hereinafter called the "Apprentice") as an apprentice for
training in the trade of……………….. in his factory.
(2) The employer has agreed to
engage the said Shri ………as an apprentice in his factory at ……………on the terms
and conditions hereinafter appearing
NOW THESE
PRESENTS WITNESSES AND IT IS MUTUALLY AGREED TO BY AND BETWEEN THE PARTIES AS
FOLLOWS:
(1) The Employer hereby agree to engage the
apprentice in the trade of as an
apprentice and the apprentice agrees to be bound as an apprentice to the employer.
(2) The apprenticeship
training shall be for a period of.………..months and shall start on……………….If the
apprentice is unable to complete the apprenticeship course within the said
period or to take the final test owing to illness or other circumstances beyond
his control, the employer shall extend the period of his apprenticeship until
the full apprenticeship course and the next test is held, if so required by the
apprenticeship adviser. Similar extension of the period of training can be
allowed by the employer in case the apprentice fails in the final test after
having completed the course. In case the apprentice fails in the second test,
he shall not be allowed any extension of the period of training.
(3)The father hereby declares
that no other apprenticeship contract subsists between the apprentice and any
other employer and undertakes that the apprentice shall not enter into any
contract of apprenticeship with any other employer during the subsistence of
this contract of apprenticeship.
(4) In consideration of a sum of
Rs………………(Rupees……………….. only) paid by the father to the employer (a receipt
whereof the employer hereby acknowledges) the employer hereby covenants as
follows:
(a) that he will impart training to the apprentice
in the trade of………………..
(b) that he will pay
Rs………………per month to the apprentice during the first year of the apprenticeship
and Rs……………per month during the second year of the apprenticeship to meet his
cost of boarding and other necessities of life and will provide him with free
housing accommodation;
(c) that he will not require the apprentice to work
beyond the maximum hours fixed and will grant him the leave of absence of .....
days every year;
(d) that he will not inflict any corporal or other
punishment on the apprentice;
(e) that he will allow the father and other
relatives of the apprentice to meet him at all reasonable times;
(5) The father covenants with the employer as
follows:
(a) that the apprentice will
work for…………hours daily at the employer's factory and will sign muster roll
when he comes to work at the factory and when he leaves;
(b) that the apprentice will
obey and carry out all orders given by the employer and superiors in the
factory and will attend practical and instructional classes regularly;
(c) that the apprentice will
learn his trade conscientiously and diligently and endeavour to qualify himself
as a skilled……………before the expiry of the period of training; and
(d) that the apprentice will
keep diaries of work done and keep diaries experience gained by him and will
submit the same to the employer at of work done such intervals as the employer
may direct
(6) The contract of
apprenticeship shall terminate on the expiry of the period of apprenticeship
training. However, the contract can be terminated before the expiry of the
period of apprenticeship training with the previous order in writing of the
Apprenticeship Adviser, if the parties to the contract or any of them have or
has failed to carry out the terms and conditions of the contract. If the
contract is terminated before the expiry of the period of apprenticeship
training, for failure o n the part of the employer to carry out the terms and
conditions of the contract, the employer shall pay to the apprentice the amount
as described in the Schedule hereunder written and if the contract is so
terminated for failure on the part of the apprentice to carry out the terms and
conditions of the contract, the apprentice shall pay to the employer, the
amount as described in Schedule hereunder written as cost of training and also
refund the allowance paid by the employer to the apprentice during the period
of apprenticeship training.
(7) The parties agree that it shall not be
obligatory on the part of the employer to offer any employment to the
apprentice on completion of period of his apprenticeship in his factory and the
apprentice shall also not be bound to accept an employment, if offered by the
employer.
(8) In respect of what is not
expressly provided herein, the rights and liabilties of apprentice and the
employer shall be governed by the provisions of the Apprentices Act, 1961 and
the Rules made thereunder .
IN WITNESS
WHEREOF the parties hereto have
executed these presents the day and year first above written.
Schedule above referred to
WITNESSES
1
Signed and
delivered by M/s . ………………the within named employer by their Managing Partner
Shri ........
2
Signed and
delivered by A, the within named father
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