Is employer bound to give preference or provide employment to apprentice after their apprenticeship?

Is employer bound to give preference or provide employment to apprentice after  their apprenticeship?

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No, as per labour laws in India, an employer is not required to give preference or bound to provide employment to apprentice after he completes his apprenticeship. Apprentices are covered under Indian employment laws. An apprentice is appointed in an establishment under the Apprentices Act 1961.

Section 22 of the Apprentices Act of 1961 states that –

(1) It shall not be obligatory on the part of the employer to offer employment to an apprentice who has completed his apprenticeship, nor shall it be obligatory on the part of the apprentice to accept employment from the employer.

(2) Notwithstanding anything above, if there is a condition in the apprenticeship agreement that after completion of apprenticeship, the apprentice shall serve the employer, the employer shall be bound to offer employment to the apprentice and the latter shall be bound to serve the former as per period and remuneration specified in such contract. The Apprenticeship Advisor may revise such remuneration or period if they are, in his opinion, not reasonable.

In Narinder Kumar and Ors. V/s State of Punjab and Ors.  Section 22 (1) and (2) was interpreted by the Hon’ble Supreme Court and it was upheld that an employer is not bound to give preference to an apprentice in terms of employment at the successful completion of his apprenticeship unless there is an express provision in the contract of apprenticeship that the said apprentice shall be absorbed by the employer on the successful; completion of his apprenticeship.

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