Explain the provisions for novation of contracts of apprenticeship under Section 5 of the Apprenticeship Act, 1961.
CS Executive · Setting Up of Business, Industrial and Labour Laws · PYQS · December 2024
Explain the provisions for novation of contracts of apprenticeship under Section 5 of the Apprenticeship Act, 1961.
Answer & Explanation:
Section 5 of the Apprentices Act, 1961 provides that where an employer with whom a contract of apprenticeship has been entered into, is for any reason unable to fulfil his obligations under the contract and with the approval of the Apprenticeship Adviser it is agreed between the employer, the apprentice or his guardian and any other employer that the apprentice shall be engaged as apprentice under the other employer for the un-expired portion of the period of apprenticeship training, the agreement, on registration with the Apprenticeship Adviser, shall be deemed to be the contract of apprenticeship between the apprentice or his guardian and other employer, and on and from the date of such registration, the contract of apprenticeship with the first employer shall terminate and no obligation under the contract shall be enforceable at the instance of any party to the contract against the other party thereto.
Topics: Apprenticeship Act, 1961
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