Apprentice is a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship in any industry or establishment, under prescribed terms and conditions. Under Indian law, apprentices are governed by the Apprentices Act, 1961, which establishes a training framework distinct from the employer-employee relationship and provides that apprentices are not "workmen" under the Industrial Disputes Act, 1947.
Legal definition
The Apprentices Act, 1961 provides the statutory definition:
Section 2(1)(aa): "Apprentice" means a person who is undergoing apprenticeship training in pursuance of a contract of apprenticeship.
Section 2(1)(aaa): "Apprenticeship training" means a course of training in any industry or establishment undergone in pursuance of a contract of apprenticeship and under prescribed terms and conditions which may be different for different categories of apprentices.
The Act establishes five categories of apprentices:
- Trade apprentices — Persons undergoing apprenticeship training in a designated trade (Schedule to the Act)
- Graduate apprentices — Graduates in engineering or technology
- Technician apprentices — Diploma holders in engineering or technology
- Technician (vocational) apprentices — Persons who have completed vocational courses
- Optional trade apprentices — Added by amendment, covering trades not in the Schedule
A contract of apprenticeship must be registered with the Apprenticeship Adviser. The employer must provide practical training, and the apprentice must learn the trade diligently. The period of apprenticeship training varies by category and trade, typically ranging from 6 months to 4 years.
How courts have interpreted this term
UP State Road Transport Corporation v. UP Parivahan Nigam Shikshuk Berozgar Sangh [(1995) 2 SCC 1]
The Supreme Court held that apprentices under the Apprentices Act, 1961 do not have a right to be absorbed as regular employees upon completion of their training. The Act creates a training relationship, not an employment relationship, and the employer's obligation is limited to providing training and paying the prescribed stipend. The Court clarified that the completion of apprenticeship training does not confer any right to permanent employment.
SAIL v. Union of India [(1999) — related proceedings]
The Supreme Court held that persons engaged as apprentices under the Apprentices Act are not "workmen" under the Industrial Disputes Act, 1947. They cannot raise an industrial dispute regarding their conditions of training, and the labour adjudication machinery has no jurisdiction over disputes arising out of the apprenticeship relationship.
Regional Director, ESI Corporation v. Francis De Costa [(1993) 2 SCC 313]
The Supreme Court held that apprentices engaged under the Apprentices Act are not employees for the purposes of the Employees' State Insurance Act, 1948. The training relationship does not attract statutory benefits available to employees, reinforcing the distinct legal status of apprentices.
Why this matters
The apprenticeship framework occupies a legally distinct space in Indian labour law — between the full protections available to workmen and the commercial engagement of independent contractors. For employers, particularly in the manufacturing sector, apprenticeships provide a structured mechanism to train skilled workers without the obligations of permanent employment, while meeting the mandatory apprenticeship engagement ratio prescribed by the government.
For apprentices, the legal framework provides important protections: a minimum stipend (prescribed by the Central Government and revised periodically), practical training under qualified instructors, and a certificate upon successful completion. However, the absence of a right to absorption means that apprentices face uncertainty about their employment prospects after completing training.
The practical significance of the apprenticeship distinction has grown with the government's "National Apprenticeship Promotion Scheme" (NAPS), which incentivises employers to engage apprentices through stipend reimbursement. Establishments with a workforce of 30 or more are required to engage apprentices in a range of 2.5% to 15% of their total workforce strength (including contract workers), as prescribed by the Apprenticeship Rules.
Related terms
Broader concepts:
Related employment categories:
Related protections:
Frequently asked questions
Are apprentices entitled to minimum wages?
Apprentices under the Apprentices Act are not covered by the Minimum Wages Act, 1948. Instead, their stipend is fixed by the Central Government under the Act and is revised periodically. The current minimum stipend for trade apprentices ranges from Rs 5,000 to Rs 9,000 per month, depending on the year of training and educational qualification.
Can an apprentice be treated as a workman?
No. The Supreme Court has consistently held that apprentices under the Apprentices Act are not workmen under the Industrial Disputes Act. However, if the so-called apprenticeship is a sham — for example, if the person performs regular production work rather than receiving training — the court may pierce the label and treat the person as a workman entitled to all statutory protections.
Is there a right to employment after completing apprenticeship?
No statutory right to absorption exists under the Apprentices Act. The employer is not obligated to offer employment upon completion of training. However, the government encourages absorption through various schemes, and some establishments have internal policies providing preference in recruitment to former apprentices.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.