Q: I passed the certificate examination in welder’s trade from the Industrial Training Institute in the year 2009. In February, 2010, I did a one-year apprenticeship training with a public sector company. When I joined as an apprentice, I had been given the impression that after the one-year period I would be absorbed as a regular employee. But the company has not offered any employment to me despite repeated requests. I have ascertained that there are vacant welders’ posts in the company. Am I not entitled in law to be absorbed on the regular pay roll of the company as an employee? Please advise.
Sajal Adhikari
A: When you joined as an apprentice, you must have signed an apprenticeship contract with the company as required by Section 4 of the Apprentices Act, 1961. Whether or not you have a legal right to be employed by the company after completion of your apprenticeship will depend on the terms of this contract. Generally speaking, an employer is not obliged in law to offer employment to an apprentice after completion of the apprenticeship period nor is it obligatory for the apprentice to accept a job offer. But, if there is a condition in the apprenticeship contract that the apprentice shall after successful / satisfactory completion of the apprenticeship serve the employer, then the employer shall be bound to offer suitable employment to the apprentice. The latter shall also be bound to accept such an offer for a period and remuneration specified in the contract (Section 22 of the Act). Hope this answers your query.
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