Can we engage an Apprentice in night shifts?

RAMU-HR
Respected seniors This is Ramu.I am working in manufacturing sector at Vijayawada as Dy.Manager. My query is can we engage an Apprentice in night shifts i.e 10.00 pm to 6.00 am.
Dinesh Divekar
Dear Ramu,
Have you appointed the apprentices under the provisions of Apprentice Act of your state? If yes, have you read the provisions of the act?
Apprentices are not regular workers. They work to take on job training. They are paid stipend and not the monthly wages. Nevertheless, question arises as what they can learn in night shift, why they cannot learn during day shift? Is learning that will happen in the night shift is part of their curriculum? Please note that making apprentices to work like regular workers is illegal.
You may call Employment Officer, whose generally office is at Employment Exchange to settle your query. He will be the right person to guide you.
Thanks,
Dinesh Divekar
Srinath Sai Ram
You have not mentioned about the Type of Trade of the Apprentice-Fitter, Electrician, Machinist Miller , Boiler Operator etc? Further, you have not mentioned whether on rotation basis you are planning to engage an Apprentice in Night shift? or on Continuous basis? will there be any Supervisor/Senior Employee working along with an Apprentice in the Night Shift, what is the rationale of engaging an Apprentice in the Night shift? is it for substitution of an Regular Employee?
Shrikant_pra
Please understand that apprentices under the Apprentices Act, 1961. For this you require quota of apprentices as declared by apprenticeship adviser.
Without the above engaging employees as apprentice and paying them stipend as per the act will be treated as legally incorrect & your org could face serious consequences. That means you are not paying them minimum wages & are not deducting PF from the wages.
NK SUNDARAM
Just in case you want them to learn and understand the difficulties, initially a newcomer may face during night shifts, you can expose them. May be at the prime of their age, they can learn all the plus and minus points of working during night shifts. Subject to getting proper guidelines from the professionals here, you can selectively expose them to night shift. Initially, they will certainly tend to doze off and you should be prepared for that.. Counselling is better than punishing in such situations. It is indeed a challenge. Take proper advice from the professionals before embarking on this experiment.
Best wishes
Bharat Gera
Please seek your guidance from Indian Apprenticeship Act, if the law prohibits to engage them for training in night shifts, dont do it. If there is proper supervision & learning opportunities for an apprentice, then you can go ahead.
varghesemathew
The daily and weekly working hours of Apprentices can be determined by employer (sec 15).As per rules it can be 42 to 48 hours per week.No ban on night shift.But person in charge of training shall be there.
Satya Pratap Detha
Apprentices Act is very small Act. Please refer the Apprentices Rules, 1992 it says under section 12 (2) No trade apprentice shall be engaged on such training between the hours of 10.00 p.m. to 6.00 a.m..
If anyone wants to engage any trade apprentice in Night Shift prior approval of Apprenticeship Advisor, if he satisfied with the opinion of the company, he may approve in public interest. But in general it is restricted.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute