Updated: Wednesday February 06, 2019/AlArbia'a
Jamada El Thaniah 01, 1440/Budhavara
Magha 17, 1940, at 01:41:00 AM
The Apprenticeship Act, 2018
EXTRAORDINARY PUBLISHED BY AUTHORITY
ISLAMABAD, THURSDAY, JANUARY 4, 2018
PART I
Acts, Ordinances, President’s Orders and Regulations SENATE
SECRETARIAT
Islamabad, the
2nd January, 2018
No. F. 9(25)/2017-Legis.—The following
Act of Majlis-e-Shoora (Parliament) received the assent of the President on 29th
December, 2017 and is hereby published for genera! information:—
Act No. I OF 2018
An Act to make provisions for
promoting, developing and regulating systematic apprenticeship programmes in
the establishments for securing certain minimum standards of skill
WHEREAS it is expedient to make provisions for promoting, developing
and regulating systematic apprenticeship programmes in the establishments and for securing certain minimum standards of skill and for matters
connected therewith or incidental thereto;
It is hereby enacted as under:—
1.
Short title,
extent and commencement.—(1) This Act may be called the
Apprenticeship Act, 2018.
(2)
It extends to such areas in die Federation as are not included in any province.
(3)
It shall come
into force at once.
2.
Definitions.—In
this Act, unless there is anything repugnant in the subject or context,—
(a)
“apprentice”
means a person who is undergoing into a trade, graduate or technician apprenticeship
training, hold a technical vocational qualification,
diploma or a degree from a recognized institution, in pursuance of a contract of apprenticeship
including those in informal sector but shall not be treated as worker or any class of workers other than trainee;
(b)
“apprenticeship”
means a system of training which combines practical
training in an establishment and theoretical training in a registered institute in pursuance of a contract of apprenticeship;
(c)
“apprenticeship
fund” means the fund established under section 6;
(d)
“authority” means the National Vocational and Technical Training Commission established under the
National Vocational and Technical Training Commission Act, 2011 (XV of 2011);
(e)
“Board” means a Trade Testing Board or Board of Technical Education or any
other body set up by the Federal Government for conducting assessment, testing
and certification in respect of apprentices;
(f)
“competent
authority” means such officer not below the
rank of BPS-20 of the
Federal Government as the authority may, by notification in official Gazette, appoint to be a competent authority forthe purposes of
this Act;
(g)
“designated
trade” means aity trade or occupation or any subject, field in engineering,
technology, service, vocation or management;
(h)
“employer” means any person who employs another person in an establishment,
including an employer who
has an ultimate control over the affairs of an establishment or is responsible
to its owner for those affairs;
(i)
“establishment”
means an industrial, commercial, business, mining, exploration, services or
an;' other organization including those in informal sector as the competent
authority may, by notification in the official Gazette, specify;
(j) “informal
apprenticeship” means an informal system of training in which apprentices or
workers are being trained and gaining skills for a designated trade at an
establishment;
(k) “National Vocational Qualification Framework” or “NVQF”
means the
National Vocational Qualification Framework set up by the authority to determine, define
and manage technical and vocational qualifications including those for
apprenticeship;
(1)
“prescribed” means prescribed by rules;
(m) “rules” means rules
made under this Act; and
(n) “stipend”
means a monthly emolument paid by an employer to
apprentices during
entire period of training at a rate of minimum of fifty percent of minimum
wages prescribed by the Federal Government.
3.
Apprenticeship
contract.—(1) No person shall be engaged as an
apprentice to undergo apprenticeship in a designated trade unless such person enters into ati
apprenticeship contract with the employer as may be prescribed by the
authority.
(2)
Every
apprenticeship contract entered into under sub-section (1) shall be sent by
employer within prescribed period to the competent authority for registration.
(3)
The competent
authority shall not register an apprenticeship contract unless it is satisfied
that the person described as an apprentice in contract possesses prescribed minimum eligibility
requirement.
4.
Termination of
apprenticeship contract.—(1) The apprenticeship contract shall terminate on completion of
the period of apprenticeship.
(2)
Either party to
the apprenticeship contract may in writing inform the
other party for termination of the contract during its pendency!
Such application shall be sent by post to the other party of the contract. If
both parties agreed, the contract shall be terminated accordingly.
(3)
If a party is aggrieved of such termination it shall submit its grievance to
the authority and decision of the authority thereon shall be final:
Provided that
where a contract is terminated in case of failure on the part of
the—
(a)
employer to
carry out the terms and conditions of the contract, the employer shall pay to
the apprentice an amount equal to double the amount of stipend forthe remaining
period;
(b)
apprentice, lie
shall refund to the employer cost of training which shall not exceed the amount of
three months stipend paid, however, this condition shall be waived of by the
competent authority on genuine grounds or unavoidable circumstances which
compel an apprentice to terminate the apprenticeship contract.
5.
Apprenticeship
committees.—-The authority may, by notification in
official Gazette, constitute such apprenticeship committees under the chairmanship of an employer with
forty percent representation from employers, forty percent from the Federal
Government and twenty percent from elected workers to monitor and advise the
competent authority on matters relating to apprenticeship as may be prescribed.
6.
Apprenticeship
fund.—(1) The
authority may establish a fund to be called the apprenticeship fund for
carrying out its functions. The apprenticeship fund may also be used for—
(a)
promotion of apprenticeship training;
(b)
reimbursement of partial cost of training not
exceeding fifty percent to employers as may be prescribed; and
(c)
welfare schemes for apprentices.
(2)
The Federal Government shall provide funds and
annual grants, for the purposes of this Act, to the authority which shall be
deposited in the apprenticeship fund.
(3)
All receipts of the authority relating to this Act in any form
whatsoever including the fees etc., deposited under this Act shall be credited to the
apprenticeship fund.
(4)
The mechanism for operation of the
apprenticeship fund shall be prescribed by the authority on the advice of apprenticeship committee with prior approval of the Federal
Government.
7.
Obligations of
employers.—Subject to other provisions of this Act and rules made thereunder, an employer shall—
(a)
be bound to ensure proper comp] iance with the provisions
of this Act and the rules made thereunder in his establishment;
(b)
introduce and operate an apprenticeship programme in his establishment within such time
as may be prescribed;
(c)
train
apprentices in a proportion of minimum five percent or more of the total number of
persons employed on an average, in his
establishment, or in such other proportion as tire competent authority may, by order in writing, determine in
respect of his establishment:
Provided that,
if an employer chooses not to train apprentices in proportion as required under
this Act, he shall pay training contribution to
apprenticeship fund which shall be in proportion to
training cost he would have otherwise incurred in meeting his liability or he may
get required number of persons trained from any other establishment at his
cost;
(d)
be responsible to ensure that an apprentice
receives within the normal working hours related theoretical instructions to
the extent as may be specified by the authority;
(e)
bearthe cost of training of apprentices during his apprenticeship within
the industry, excluding the cost of training at an institute, which shall be
borne by the authority;
(f)
not, without the approval in writing of the competent authority, engage any
person as an apprentice who has been an apprentice with another employer and has left his
apprenticeship or been terminated
by such other
employer on disciplinary grounds; and
(g)
be responsible to notify well in time an apprenticeship
opportunity includingjob openings in his establishment on designated websites
of the authority in a manner as the competent authority may specify.
8.
Obligations of apprentices.—(1) Subject to other provisions of this Act and the rules made thereunder, an apprentice shall—
(a)
learn his trade
conscientiously and diligently and shall endeavor to qualify himself as a
skilled worker on the completion of his apprenticeship;
(b)
attend the practical training and related
theoretical instructions according to the programme laid down by the employer;
(c)
carry out al! lawful orders of the employer or his representative relating
■ to his
apprenticeship and shall fulfill his obligations under the contract
of apprenticeship:
(d)
submit himself
to any assessment, test or examination held from time to time for assessing the
progress of his training;
(e)
in case any grievance against his employer arising out of his
apprenticeship, approach the competent authority for redressal of the grievance. If the same is not redressed, shall abide by
decision of the competent authority; and
(f)
not, except with prior approval in writing of the competent authority, leave his
apprenticeship after completion of his probationary period as may be
prescribed.
(2)
Without
prejudice to anything contained in any other law forthe time being in force, if any apprentice fails to cany out
terms of the apprenticesiiip contract or, during the period of his training,
voluntarily quits such apprenticeship orthereare continued adverse reports
regarding the progress of his training or he is terminated for misconduct which include
insubordination and breach of the rules shall be liable to the payment of such refund of expenses and compensation as may be
prescribed which shall not be more than three stipends paid to him during
period of training.
(3)
An apprentice shall be bound to obtain and get
renewed on periodical basis his registration to be recognized as skilled worker
or technician or professional in a designated trade in which he has successfully completed
apprenticeship training in a manner as may be prescribed.
9.
Counseling and placement service.—The authority shall—
(a)
establish facilities
for career counseling and placement of the apprentices at such places and in
such manner as may be prescribed;
(b)
publish
periodical newsletters, information bulletins in print and electronic media
including authority’s website on career counseling and placement services
including information on but not limited to new and emerging trades, market skills,
trends and employment opportunities; and
(c)
publish an
annual report on progress of apprenticeship training programme.
10.
Advice and guidance to employers.—Subject to the provisions of this Act and the rules, the competent authority shall offer to the employers all possible technical advice and guidance in all matters relating to the apprenticeship programme run
by the employers in their establishments in accordance with the provisions of this Act and the rules.
11.
Powers of
entry', inspection etc.—(1) Subject to any rules made in this behalf,
the competent authority shall evolve and implement an effective monitoring and
evaluation system and may—
(a)
with such assistants, if any, as it thinks fit, enter,
inspect and examine an establishment or part thereof at any reasonable time;
(b)
examine any
apprentice employed therein or require the production of any register, record or other documents maintained in pursuance of this
Act and take on the spot or otherwise statement of any
person which it may consider necessary for carrying out the purposes of this Act;
(c)
make such
examination and inquiry as it may deem fit in order to ascertain whether the provisions of this Act and the
rules are being observed in the establishment; and
(d)
exercise such
other powers as may be prescribed.
(2) Notwithstanding
anything contained in sub-section (1), no person shall
be compelled
under this section to answer any question or make any statement, which may
tend directly or indirectly to incriminate him.
12.
Delegation of powers.—Subject to any rules made in this behalf, the competent authority may, by order in writing, direct that any power conferred upon it
by or under this Act shall he exercisable also by such officer subordinate to it and subject to
such conditions as may be specified in the order.
13.
Penalties and
procedure.—fl) If any employer—
(a) fails to
engage the number of apprentices he is required to engage
under this Act; or
{b) fails to cany out the
terms and conditions of a contract of apprenticeship; or
(c)
refuses or
neglects to furnish any
information required to be furnished
by him; or
(d)
furnishes or causes to be furnished any information which is not
believed to be true; or
(e)
refuses or neglects to afford the competent
authority or an officer, authorized by it, any reasonable facility for making an entry, inspection, examination or inquiry authorized by or under this Act and the rules; or
(f)
engages an apprentice otherwise than in accordance with the provisions of this Act and the rules; or
(g)
otherwise contravenes any
provisions of this Act and the rules,
he shall be
liable to a penalty which
may extend up to twice the amount required to be paid as minimum stipend for
the period of non-compliance
to the minimum number of apprentices as required to be trained under this Act. The amount of any fine shall be deposited in
the apprenticeship fund.
(2)
The authority may determine
and decide the penalty' under this Act:
Provided that an aggrieved person may file an appeal to the authority through apprenticeship
committee within thirty days of imposition of a penalty under this Act. The decision of the authority thereon shall be final.
14.
Power to exempt.—The Federal Government may, on advice of the authority, in consultation with
apprenticeship committee and by notification in the official Gazette, exempt conditionally', any
establishment or class of establishments from all or any of the provisions of this
Act for not more than one year, in case of natural calamity.
15.
Saving.—Nothing in this Act applies to an establishment which has not been in existence at least for a period-of two years.
16.
Act to override
other laws.—The provisions of this Act shall have
overriding effect notwithstanding anything to contrary contained in any other law for the time being in force.
17.
Power to make rules.—(1) The authority shall, with approval of the Federal
Government and in consultation with apprenticeship committee, make
rules for carrying out the purposes of this Act.
(2)
I n particular and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters,
namely:—
(a)
method and
conditions of engagement, selection and the period of probation of apprentice;
(b)
conditions and tenns of a contract of apprenticeship;
(c)
method and procedure governing settlement of disputes
between an apprentice and his employer;
(d)
working hours,
leave and holidays for apprentices;
(e)
system,
condition and procedure for formalizing informal apprenticeships including recognition of prior learning of informal sector
apprentices;
(f)
conditions of employment of apprentices after training;
(g)
procedure for
registration or licensing apprentices and its renewal;
(h)
procedure of
discipline, welfare, supervision and control of apprentices:
(i)
forms of records to be maintained by the
employers pertaining to the training of apprentices;
(j) assessment procedure, periodical tests, final examination and grant of certificates on
successful completion of training;
(k)
composition, constitution and functions of. and filling of vacancies in, the apprenticeship committee and
procedure to be followed by
such committee in discharge of its functions;
(1) training
of female and disabled persons;
(m) code of conduct and ethics;
(n) environment,
health and safety: and
(o) welfare schemes for
apprentices including but not limited to health insurance, group insurance etc.
during the entire period of training.
18.
Repeal.—The Apprenticeship Ordinance, 1962 (LV1 of 1962} is hereby repealed to the extent of such areas in tite Federation as are not included in any province.
AM JED PERVEZ, Secretary.
PRINTED BY THE MANAGER, PRINTING CORPORATION OF PAKISTAN PRESS, ISLAMABAD PUBLISHED
BY THE DEPUTY CONTROLLER. STATIONERY AND FORMS,
Go to Index
| LL. B. – I | LL. B. – II
| LL. B. – III | LL. B.
Directory | Home