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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