Is It Mandatory to Hire Interns Under the Apprentices Act? Let's Clarify Together

Please confirm if it is mandatory to appoint interns as per the Apprentices Act.

Interns are not defined in the Act, but it is mandatory to engage apprentices as per the Act.

Engaging Interns vs. Apprentices

Engaging interns is not defined under the act, and hence it is not obligatory to engage interns. Apprentices, however, must be engaged under the Apprentice Act as it is mandatory, with a provision of a minimum of 2.5% under the Apprentice Act.

Hi BalRagopal,

The Apprentices Act in India primarily governs the hiring and training of apprentices in various trades and sectors, but it does not mandate that all organizations must appoint interns. Instead, the Act outlines the framework for apprenticeship training, which is different from traditional internships.

Internships may exist independently of the Apprentices Act and can be established by companies to provide practical experience for students or recent graduates. While apprenticeships are a formalized program often linked to a specific trade and may involve a contract, internships can be more flexible and may or may not come with a formal agreement.

So, to clarify, it is not mandatory to appoint interns under the Apprentices Act. Organizations may choose to offer internships as part of their recruitment or training strategy, but it is not a legal requirement.

Thanks

The rules and regulations for the training of apprentices are governed by "THE APPRENTICES ACT, 1961," read with "Apprenticeship Rules, 1992" (central rules).

Application of the Act
This act applies to the whole of India, including Jammu and Kashmir.

Under Section 8, as per the basic scheme of the Apprentices Act, every employer is required to provide training to apprentices. An apprentice under the act means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship. Apprenticeship training means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions, which may be different for different categories of apprentices. An employer means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such an establishment. An establishment includes any place where any industry is carried on and where an establishment consists of different departments or has branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of the establishments.

Objectives of Apprentice Training
- To provide practical training in various trades to qualified persons, including engineers and diploma holders.
- To meet the increasing demand for skilled craftsmen.
- To utilize facilities available for training apprentices.
- To promote new manpower skills.

Therefore, an internship is essentially understood as Apprentice Training as per the Act. We should not use ornamental words to disguise the rules by using different terms.

Understanding Internships and Apprenticeships

Engaging interns in an organization has nothing to do with apprenticeship under the act. Both are different. Generally, an internship is part of one's curriculum, which is nowadays gaining importance with the introduction of compulsory internships in engineering and law courses. As you all know, the medical curriculum is the first and foremost to encompass internship (paid, on-the-job training in a hospital for 1 year) to qualify for MBBS after completion of 5 academic years, followed by nursing (4 years + 6 months), law, and now engineering courses. The CA course also requires such types of paid interns who are known as 'Articled Assistants' or 'clerks' or 'Articles'.

Apprenticeship: A Distinct Path

On the other hand, apprenticeship does not form part of any curriculum; it is optional training, mostly in the technical stream, as far as I know. It occurs after ITI or Diploma courses. Apprentices are engaged to undergo practical, hands-on training and receive a paid stipend as per the act.