CS Executive · Setting Up of Business, Industrial and Labour Laws · The Apprentices Act, 1961
Priya's contract of apprenticeship with Verma Tools Pvt Ltd was terminated by the Apprenticeship Adviser before expiry because Verma Tools failed to carry out the contract's terms. She now enters a new contract with Kapoor Dies Ltd. Under the central Act, when may her earlier training period count towards the new period?
Her earlier training can be counted only if the Apprenticeship Adviser is satisfied that the previous contract could not be completed because of the previous employer's lapse and permits inclusion. It is not automatic and needs neither refund nor the former employer's consent.
- AAutomatically, in every case of termination, without any order
- BOnly if the Apprenticeship Adviser is satisfied that the earlier contract could not be completed because of a lapse on the part of the previous employer, and permits itCorrect
- COnly if Priya refunds the cost of training to Verma Tools
- DOnly if Verma Tools consents in writing to the inclusion
Explanation
Section 7(4) lets the Apprenticeship Adviser, on being satisfied that the earlier contract could not be completed due to the previous employer's lapse, permit the training already undergone to be included. It is discretionary and needs permission, not automatic, and does not depend on a refund or the old employer's consent.
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