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Pralay Mukhopadhyay (student)     06 December 2012

Apprentice

CAN WE CONSIDER AN APPRENTICE IS A WORKMAN ACCORDING TO ID  ACT SECDTION 2S.?

AS WE KNOW SECTION 2S SAYS -“Workman” means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-..........


AND NOW IF WE SEE  THE APPRENTICE  ACT WE CAN SEE 

An apprentice is not a workman during apprentice training. [section 18]. Provisions of labour law like Bonus, PF, ESI Act, gratuity, Industrial Disputes Act etc. are not applicable to him. .


However, provisions of Factories Act regarding health, safety and welfare will apply to him. Apprentice is also entitled to get compensation from employer for employment injury. [section 16].CAN ANYONE TELL ME WHY IS THAT , IF THERE WORK IS SAME AND THEY DO SAME LIKE A REGULAR  WORKER WHY THEY CANT GATE THE SAME FACILITY . AS I THINK IT WILL BE USEFULL TO A INDUSTRY TO  APPOINT APPRENTICE / TRAINEE  RATHER THAN TO APPOINT A WORKMAN 



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