The Labour Act, 2017 (2074)

Chapter-4 Provisions Relating to Trainees and Apprentices

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16. Trainees may be engaged in work:

(1) Any enterprise may, by making an agreement with any educational institute, employ any person as an apprentice in accordance with the approved curriculum of such an institute.

(2) The apprentice referred to in sub-section (1) shall not be deemed to be a labour for the purpose of this Act. Provided that if the person is employed contrary to the approved curriculum, he or she shall be deemed to be a labour in the regular employment.

17. Provisions relating to labour to be applicable:

(1) Notwithstanding anything contained in Section 16, in employing an apprentice pursuant to this Chapter, he or she shall not be engaged in work for more than eight hours a day and forty-eight hours a week.

(2) The provisions relating to occupational health and safety shall apply to the apprentices as if they were labours.

(3) Where an apprentice meets with an accident in the course of performing the work of the enterprise, the enterprise shall, unless otherwise agreed between the enterprise and the educational institute, have medical treatment of such an apprentice, and provide compensation to him or her if he or she suffers grievous hurt, as if he or she were a labour.

(4) The matters other than those set forth in sub-sections (1), (2) and (3) shall be as mentioned in the agreement between the enterprise and the educational institute.

18. Engagement in work as trainee labour:

(1) An employer may employ any person as a trainee providing on the job training.

(2) The period of training referred to in sub-section (1) shall not be more than one year. Provided that any period is specified by the prevailing law for a specific work or specific training period is required for it, a trainee may accordingly be employed for that period.

(3) The employer shall provide the person employed a trainee pursuant to this Section with at least such facilities as may not be less than the minimum remuneration and other social security benefits including the sick leave, gratuity, provident fund and insurance.

(4) The employer shall not be compelled to continue the employment of the trainee after the completion of the training period. Provided that if the same employer engages the trainee in work, the probation period shall not apply to him or her.

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Chapter-4 Provisions Relating to Trainees and Apprentices

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