Night Shift Dilemma: Is It Okay to Have Apprentices Work Overnight?

Respected seniors,

This is Ramu. I am working in the 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.

Apprenticeship under the Apprentice Act

Have you appointed the apprentices under the provisions of the Apprentice Act of your state? If yes, have you read the provisions of the act? Apprentices are not regular workers. They work to undergo job training. They are paid a stipend and not monthly wages. Nevertheless, the question arises as to what they can learn in the night shift and why they cannot learn during the day shift. Is the learning that will happen in the night shift part of their curriculum? Please note that making apprentices work like regular workers is illegal.

You may call the Employment Officer, whose office is generally at the Employment Exchange, to settle your query. He will be the right person to guide you.

Thanks,
Dinesh Divekar

You have not mentioned the type of trade of the apprentice - fitter, electrician, machinist, miller, boiler operator, etc. Furthermore, you have not specified whether you plan to engage an apprentice in night shifts on a rotation basis or continuously. Will there be a supervisor or senior employee working alongside the apprentice during the night shift? What is the rationale behind engaging an apprentice in the night shift? Is it to substitute for a regular employee?

Please understand that apprentices fall under the Apprentices Act, 1961. For this, you require a quota of apprentices as declared by the apprenticeship adviser. Without the above, engaging employees as apprentices and paying them stipends as per the act will be treated as legally incorrect. Your organization could face serious consequences. This means you are not paying them minimum wages and are not deducting Provident Fund (PF) from the wages.

Introducing Newcomers to Night Shifts

Just in case you want them to learn and understand the difficulties a newcomer may face during night shifts, you can expose them. Maybe 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 shifts. Initially, they will certainly tend to doze off, and you should be prepared for that. Counseling 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

Please seek your guidance from the Indian Apprenticeship Act. If the law prohibits engaging them for training in night shifts, don't do it. If there is proper supervision and learning opportunities for an apprentice, then you can go ahead.

The daily and weekly working hours of Apprentices can be determined by the employer (sec 15). As per rules, it can be 42 to 48 hours per week. There is no ban on night shifts. However, the person in charge of training shall be present.

Apprentices Act is a very small act. Please refer to the Apprentices Rules, 1992. It states under section 12(2) that no trade apprentice shall be engaged in such training between the hours of 10:00 p.m. to 6:00 a.m.

If anyone wants to engage a trade apprentice in a night shift, prior approval of the Apprenticeship Advisor is required. If the advisor is satisfied with the company's opinion, they may approve it in the public interest. However, in general, it is restricted.