Labor Laws Essay Example for Free

Labor Laws Essay Short title, extent, commencement Definitions CHAPTER II Apprentices and their Training 3. Qualifications for being engaged as an apprentice 3-A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades. 4. Contract of apprenticeship 5. Novation of contract of apprenticeship 6. Period of apprenticeship training 7. Termination of apprenticeship contract 8. Number of apprentices for a designated trade 9. Practical and basic training of apprentices 10. Related instruction of apprentices 11. Obligations of employers 1. The Act came into force on March 1, 1962 vide GSR 246, dated Feb. 12,1962 2. Published in Gazette of India, Pt. II, S. 1, dated December 30,1964. 3. Published in Gazette of India, Pt. II, S. 1, dated May 24, 1968 and came into force on August 15,1968. 4. Act 27 of 1973 came into force w. e. f. December 1, 1974 vide GSR 1293, dated November 1974 5. Act 41 of 1986 came into force w. e. f. December 16,1987 vide GSR 974(E), dated December 10, 1987 6. Act 4 of 1997 came into force w. e. f. January 8, 1997. 12. Obligations of apprentices 13. Payment to apprentices 14. Health, safety and welfare of apprentices. 15. Hours of work, overtime, leave and holidays 16. Employers liability for compensation for injury 17. Conduct and discipline 18. Apprentices are trainees and not workers 19. Records and returns 20. Settlement of disputes 21. Holding of test and grant of certificate and conclusion of training 22. Offer and acceptance of employment CHAPTER III AUTHORITIES 23. Authorities 24. Constitution of Councils 25. Vacancies not to invalidate acts and proceedings 26. Apprenticeship Advisers 27. Deputy and Assistant Apprenticeship 28. Apprenticeship Advisers to be public servants 29. Powers of entry, inspection, etc. 30. Offences and penalties 31. Penalty where not specific penalty is provided 32. Offences by companies 33. Cognizance of offences 34. Delegation of powers 35. Construction of references 36. Protection of action taken in good faith 37. Power to make rule 38 (Repealed) THE SCHEDULE An Act to provide for the regulation and control of training of apprentices and for 7 [* * *] matters connected therewith. Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: Prefatory Note – The Act was introduced in the form of a bill on August 19,1961. For Statement of Objects and Reasons, see Gazette of India, Extra. , Part II, Section 2, dated August 19,1961. ________________________________________ 7. Omitted by Act 27 of 1973. CHAPTER I PRELIMINARY 1. Short title, extent, commencement and application – (1) (2) (3) (4) 2. This Act may be called the Apprentices Act, 1961. It extends to the whole of India. [* * *]8 It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different States. The provisions of this Act shall not apply to – (a) any area or to any industry in any area unless the Central Government by notification in the Official Gazette specifies that area or industry as an area or industry to which the said provisions shall apply with effect from such date as may be mentioned in the notification: 9 (b) [ * * *] 10 (c) [any such special apprenticeship scheme for imparting training to apprentices as any be notified by the Central Government in the Official Gazette]. Definition In this Act, unless the context otherwise requires,11 [(a) All  India Council means the All India Council of Technical Education established by the resolution of the Government of India in the former Ministry of Education No. F. 16-10/44-E-III, dated the 30th November, 1945;)] 12 [(aa)]apprentice means a person who is undergoing apprenticeship training 13[* * *] in pursuance of a contract of apprenticeship; ____________________________________________ 8. Omitted by Act 25 of 1968. 9. Omitted by Act 27 of 1973. 10. Subs. by Act 27 of 1973. 11. The original clause (a) renumbered as clause (aa) and a clause (a) inserted by Act 27 of 1973. 12. The original clause (a) renumbered as clause (aa) and a clause (a) inserted by Act 27 of 1973. 13. Omitted by Act 27 of 1973 14 [(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;] (b) Apprenticeship Adviser† means the Central Apprenticeship Adviser appointed under sub-section (1) of Section 26 or the State. Apprenticeship Adviser appointed under sub-section (2) of that section; (c) Apprenticeship Council means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of Section 24; (d) appropriate Government means (1) in relation to (a) the Central Apprenticeship Council, or 15 [(aa) the Regional Boards, or (aaa) the practical training of graduate or technician apprentices or of technician (vocational) apprentices, or;] (b) any establishment of any railway, major port, mine or oilfield, or (c)  any establishment owned, controlled or managed by (i). The Central Government or a department of Central Government, (ii) a company in which not less than fifty-one per cent of the share capital is held by the Central Government on partly by that Government and partly by one or more State Governments, (iii) a corporation (including a co-operative society) established by or under a Central Act which is owned, controlled or managed by the Central Government; (2) in relation to (a) a State Apprenticeship Council, or (b) any establishment other than an establishment specified in  sub-clause (1) of this clause, the State Government; 16 [(dd). Board or State Council of Technical Education means the Board or State Council of Technical Education established by the State Government;] (e) designated trade 17[means any trade or occupation or any subject field in engineering or technology [or any vocational course]18 which the Central Government, after consultation with the Central Apprenticeship Council, may, by notification in the Official Gazette, specify as a designated trade for the purposes of this Act; __________________________________________ 14. Ins. by Act 27 of 1973. 15. Ins. by Act 27 of 1973 and subs. by Act 41 of 1986, S. 2(w. e. f. 16-12-1987) 16. Ins. by Act 27 of 1973. 17. Subs. by Act 27 of 1973. 18. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987). (f) (g) (h) (i) 20 [(j) (k) (l) employer means any person who employs one or more other persons to do any work in an establishment for remuneration and includes any person entrusted with the supervision and control of employees in such establishment; establishment includes any place where any industry is carried on; 19[and where an establishment consists of different departments or have branches, whether situated in the same place or at different places, all such departments or branches shall be treated as part of the establishments]; â€Å"establishment in private sector† means an establishment which is not an establishment in public sector; establishment in private sector means an establishment which is not led or managed by (1) the Government or a department of the Government; (2) A Government company as defined in Section 617 of the  Companies Act, 1956 (1 of 1956); (3) a corporation (including a co-operative society) established by or under a Central, Provincial or State Act, which is owned, controlled or managed by the Government; (4) a local authority; graduate or technician apprentice means an apprentice who holds, or is undergoing training in order that he may hold a degree or diploma in engineering or technology or equivalent qualification granted by any institution recognised by the Government and undergoes apprenticeship training in any such subject field in engineering or technology as may be prescribed; industry means any industry or business in which any trade, occupation or subject field in engineering or technology [or any vocational course]21 may be specified as a designated trade;] National Council means the National Council for Training in Vocational Trades established by the resolution of the Government of India in the Ministry of Labour (Directorate General of Resettlement and Employment ) No. TR/E. P. 24/56, dated the 21st August 1956 22[ and re-named as the National Council for Vocational Training by the resolution of the Government of India in the Ministry of Labour (Directorate  General of Employment and Training) No. DGET/12/21/80-TC, dated the 30th September, 1981;] _________________________________________ 19. Ins. by Act 4 of 1997 20. Subs. by Act 27 of 1973. 21. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987) 22. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987) (m) 23 prescribed means prescribed by the rules made under this Act; [(mm)Regional Board means any board of Apprenticeship Training registered under the Societies Registration Act, 1860 (21 of 1860), at Bombay, Calcutta, Madras or Kanpur;] (n) State includes a Union Territory; (o) State Council means a State Council for Training in Vocational Trades established by the State Government; (p) State Government in relation to a Union Territory, means the Administrator thereof; 24 [(pp) Technician (vocational) apprentice means an apprentice who holds or is undergoing training in order that he may hold a certificate in vocational course involving two years of study after the completion of the secondary stage of school education recognised by the All-India Council and undergoes apprenticeship training in such subject field in any vocational course as may be prescribed; ] 25 [(q) trade apprentice means an apprentice who undergoes apprenticeship training in any such trade or occupation as may be prescribed;] 26 [(r) â€Å"worker† means any persons who is employed for wages in any kind of work and who gets his wages directly from the employer but shall not include an apprentice referred to in clause(aa). ] ________________________________________ 23. Ins. by Act 27 of 1973. 24. Ins. by Act 41 of 1986, S. 2 (w. e. f. 16-12-1987) 25. Ins. by Act 27 of 1973. 26. Ins. by Act 4 of 1997. CHAPTER II APPRENTICES AND THEIR TRAINING 3. Qualifications for being engaged as an apprentice A person shall not be qualified for being engaged as an apprentice to undergo apprenticeship training in any designated trade, unless he(a) is not less than fourteen years of age, and (b) satisfies such standards of education and physical fitness as may be prescribed: Provided that different standards may be prescribed in relation to apprenticeship training in different designated trades 27[and for different categories of apprentices]. 28 [3-A. Reservation of training places for the Scheduled Castes and the Scheduled Tribes in designated trades – (1). (2) in every designated trade, training places shall be reserved by the employer for the Scheduled Castes and the Scheduled Tribes 29[ and where there is more than one designated trade in an establishment, such training places shall be reserved also on the basis of the total number of apprentices in all the designated trades in such establishment ]. the number of training places to be reserved for the Scheduled Castes and the Scheduled Tribes under sub-section (1) shall be such as may be prescribed, having regard to the population of the Scheduled Castes and the Scheduled Tribes in the State concerned. Explanation- In this section, the expressions Scheduled Castes and Scheduled Tribes shall have the meanings as in clauses (24) and (25) of Article 366 of the Constitution]. 30 [4. Contract of apprenticeship (1) No person shall be engaged as an apprentice to undergo apprenticeship training in a designated trade unless such person or, if he is minor, his guardian has entered into a contract of apprenticeship with the employer. (2) The apprenticeship training shall be deemed to have commenced on the date on which the contract of apprenticeship has been entered into under sub-section (1). _________________________________________ 27. Ins. by Act 27 of 1973. 28. Ins. by Act 27 0f 1973. 29. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 30. Subs. by Act 27 of 1973. (3) Every contract of apprenticeship may contain such terms and conditions as may be agreed to by the parties to the contract: Provided that no such term or condition shall be inconsistent with any provision of this Act or any rule made thereunder. (4) (5) (6) 5. Every contract of apprenticeship entered into under sub-section (1) shall be sent by the employer within such period as may be prescribed to the Apprenticeship Adviser for registration. The Apprenticeship Adviser shall not register a contract of apprenticeship unless he is satisfied that the person described as an apprentice in the contract is qualified under this Act for being engaged as an apprentice to  undergo apprenticeship training in the designated trade specified in the contract. Where the Central Government, after consulting the Central Apprenticeship Council, makes any rule varying the terms and conditions of apprenticeship training of any category of apprentices undergoing such training, then, the terms and conditions of every contract of apprenticeship relating to that category of apprentices and subsisting immediately before the making of such rule shall be deemed to have been modified accordingly. ] Novation of contracts of apprenticeship 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. 6. Period of apprenticeship training The period of apprenticeship training, which shall be specified in the contract of apprenticeship, shall be as follows(a) In the case of 31[trade apprentices] who, having undergone institutional training in a school or other institution recognised by the National Council, have passed the trade tests 32[or examinations] conducted by 33 [that Council or by an institution recognised by that Council], the period of apprenticeship training shall be such as may be determined by that Council; _______________________________________ 31. Subs. by Act 27 of 1973. 32. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 33. Subs. by Act 27 of 1973. 34. [(aa) in case of trade apprentices who, having undergone institutional training in a school or other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the official gazette specify in this behalf, have passed the trade tests 35[ or examinations] conducted by that Board or State Council or authority, the period of apprenticeship training shall be such as may be prescribed;] (b) in the case of other 36[trade apprentices], the period of apprenticeship training shall be such as may be prescribed; 37 [(c) in the case of graduate or technician apprentices, [technician (vocational) apprentices]38 and the period of apprenticeship training shall be such as may be prescribed. ] 7. Termination of apprenticeship contract (1) The contract of apprenticeship shall terminate on the expiry of the period of apprenticeship training. (2) Either party to a contract of apprenticeship may make an application to the Apprenticeship Adviser for the termination of the contract, and when such application is made, shall send by post a copy thereto to the other party to the contract. (3) After considering the contents of the application and the objections, if any, filed by the other party, the Apprenticeship Adviser may, by order in writing, terminate the contract, if he is satisfied that the parties to the contract or any of them have or has failed to carry out the terms and conditions of the contract and it is desirable in the interests of the parties or any of them to terminate the same: 39. [(4) Notwithstanding anything contained in any other provision of this Act, where a contract of apprenticeship has been terminated by the Apprenticeship Adviser before the expiry of the period of apprenticeship training and a new contract of apprenticeship is being entered into with a employer, the Apprenticeship Adviser may, if he satisfied that the contract of apprenticeship with the previous employer could not be completed because of any lapse on the part of the previous employer, permit the period of apprenticeship training already undergone by the apprentice with his previous employer to be included in the period of apprenticeship training to be undertaken with the new employer. ] ____________________________________________ 34. Ins. by Act 27 of 1973. 35. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 36. Subs. by Act 27 of 1973. 37. Ins. by Act 27 of 1973. 38. Ins. by Act 41 of 1986. 39. Ins. by Act 4 of 1997. (a) (b) 8. Provided that where a contract is terminatedfor failure on the part of the employer to carry out the terms and conditions of the contract, the employer shall pay to the apprentice such compensation as may prescribed; for such failure on the part of the apprentice, the apprentice or his guardian shall refund to the employer as cost of training such amount as may be determined by the Apprenticeship Adviser. Number of apprentices for a designated trade 40 [(1) the Central Government shall, after consulting the Central Apprenticeship Council, by order notified in the Official Gazette, determine for each designated trade the ratio or trade apprentices to workers other than unskilled workers in that trade: Provided that nothing contained in this sub-section shall be deemed to prevent any employer from engaging a number of trade apprentices in excess of the ratio determined under this sub-section. (2) 3) in determining the ratio under sub-section (1), the Central Government shall have regard to the facilities available for apprenticeship training under this Act in the designated trade concerned as well as to the facilities that may have to be made available by an employer for the training of graduate or technician apprentices [technician (vocational) apprentices]41, if any, in pursuance of any notice issued to him under sub-section (3-A) by the Central Apprenticeship Adviser or such other person as is referred to in that sub-section. the Apprenticeship Adviser may, by notice in writing, require an employer to engage such number of trade apprentices within the ratio determined by the Central Government for any designated trade in his establishment, to undergo apprenticeship training in that trade and the employer shall comply with such requisition: Provided, that in making any requisition under this sub-section, the Apprenticeship Adviser shall have regard to the facilities actually available in the establishment concerned. _______________________________________________________ 40. 41. Sub-Sections (1), (2), (3) and (3-A), subs. by Act 27 of 1973 Ins. by Act 41 of 1986 (w. e. f. 16-12-1987). 42 [Provided further that the Apprenticeship Adviser may, on  a representation made to him by an employer and keeping in view the more realistic employment potential, training facilities and other relevant factors, permit him to engage such a number of apprentices for a designated trade as is lesser than a number arrived at by the ratio for that trade, not being lesser than twenty per cent of the number so arrived at, subject to the condition that the employer shall engage apprentices in other trades in excess in number equivalent to such shortfall. ] (3-A) the Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf shall, having regard to(i) the number of managerial persons (including technical and supervisory persons) employed in a designated trade; (ii) the number of management trainees engaged in the establishment; (iii) The totality of the training facilities available in a designated trade; and (iv)  such other factors as he may consider fit in the circumstances of the case, by notice in writing, require an employer to impart training to such number of graduate or technician apprentices [technician (vocational) apprentices]43, in such trade in his establishment as may be specified in such notice and the employer shall comply with such requisition. Explanation – In this sub-section the expression â€Å"management trainee† means a person who is engaged by an employer for undergoing a course of training in the establishment of the employer ( not being apprenticeship training under this Act) subject to the condition that on successful completion of such training, such person shall be employed by the employer on a regular basis. ] (4) Several employers may join together for the purpose of providing practical training to the apprentices under them by moving them between their respective establishments. (5) Where, having regard to the public interest, a number of apprentices in excess of the ratio determined by the Central Government 44[ or in excess of the number specified in a notice issued under sub-section (3-A)] should, in the opinion of the appropriate Government be trained, the appropriate Government may require employers to train the additional number of apprentices. (6) Every employer to whom such requisition as aforesaid is made, shall comply with the requisition if the Government concerned makes available such additional facilities and such additional financial assistance as are considered necessary by the Apprenticeship Adviser for the training of the additional number of apprentices. __________________________________________ 42. Ins. by Act 4 of 1997. 43. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 44. Ins. by Act 27 of 1973. (7) 9. Any employer not satisfied with the decision of the Apprenticeship Adviser under sub-section (6), may make a reference to the Central Apprenticeship Council and such reference shall be decided by a Committee thereof appointed by that Council for the purpose and the decision of that Committee shall be final. Practical and basic training of apprentices(1) Every employer shall make suitable arrangements in his workshop for imparting a course of practical training to every apprentice engaged by him in accordance with the programme approved by the Apprenticeship Adviser. 45. [(2) The Central Apprenticeship Adviser or any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall be given all reasonable facilities for access to each such apprentice with a view to test his work and to ensure that the practical training is being imparted in accordance with the approved programme: Provided that 46[the State Apprenticeship Adviser or any other person not below the rank of an Apprenticeship Adviser authorised by the State Apprenticeship Adviser in writing in this behalf] shall also be given such facilities in respect of apprentices undergoing training in establishments in relation to which the appropriate Government is the State Government. 47. [(3) Such of the trade apprentices as have got undergone institutional training in a school or other institution recognised by the National Council or any other institution affiliated to or recognised by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, shall, before admission in the workshop for practical training, undergo a course of basic training. ] (3) Where an employer employs in his establishment five hundred or more workers, the basic training shall be imparted to 48[the trade apprentices] either in separate parts of the workshop building or in a separate building which shall be set up by the employer himself, but the appropriate Government may grant loans to the employer on easy terms and repayable by easy installments to meet the cost of the land, construction and equipment for such separate building. __________________________________________ 45. Subs. by Act 27 of 1973. 46. Subs. by Act 27 of 1973. 47. Subs. by Act 27 of 1973. 48. Ins. by Act 27 of 1973. 49. [(4-A)Notwithstanding anything contained in sub-section (4), if the number of apprentices to be trained at any time in any establishment in which five hundred or more workers are employed, is less than twelve the employer in relation to such establishment may depute all or any of such apprentices to any Basic Training Centre or Industrial Training Institute for basic training in any designated trade, in either case, run by the Government. (4-B). Where an employer deputes any apprentice under sub-section (4-A), such employer shall pay to the Government the expenses incurred by the Government on such training, at such rate as may be specified by the Central Government . ] (5) Where an employer employs in his establishment less than five hundred workers, the basic training shall be imparted to 50[the trade apprentices] in training institutes set by the Government. (6). In any such training institute, which shall be located within the premises of the most suitable establishment in the locality or at any other convenient place 51[ the trade apprentices]engaged by two or more employers may be imparted basic training. 52 (7) [In case of an apprentice other than a graduate or technician apprentice, [technician (vocational) apprentice]53 the syllabus of], and the equipment to be utilised for, practical training including basic training shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council. 54 (7-A) In case of graduate or technician apprentices [technician (vocational) apprentices]55 the programme of apprenticeship training and the  facilities required for such training in any subject field in engineering or technology [or vocational course]56 shall be such as may be approved by the Central Government in consultation with the Central Apprenticeship Council. ] (8) (a) Recurring costs (including the cost of stipends) incurred by an employer in connection with 57[basic training]. 58, imparted to trade apprentices other than those referred to in clauses (a) and (aa) ] of Section 6 shall be borne(i) If such employer employs 59[two hundred and fifty] workers or more, by the employer; (ii) If such employer employs less than 60[two hundred and fifty] workers, by the employer and the Government in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone; and _______________________________________ 49. Ins. by Act 27 of 1973. 50. Subs. by Act 27 of 1973. 51. Subs. by Act 27 of 1973. 52. Subs. by Act 27 of 1973. 53. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987). 54. Ins. by Act 27 of 1973. 55. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987) 56. Ins. by Act 41 of 1986 ( w. e. f. 16-12-1987) 57. Subs. by Act 27 of 1973. 58. Subs. by Act 4 of 1997. 59. Subs. by Act 4 of 1997. 60. Subs. by Act 4 of 1997. (b) recurring costs (including the cost of stipends), if any, incurred by an employer in connection with 61[practical training, including basic training, imparted to trade apprentices referred to in clauses (a) and (aa)] of Section 6 shall, in every case, be borne by the employer. 62. [(c) recurring costs (excluding the cost of stipends) incurred by an employer in connection with the practical training imparted to graduate or technician apprentices [technician (vocational) apprentices]63 shall be borne by the employer and the cost of stipends shall be borne by the Central Government and the employer in equal shares up to such limit as may be laid down by the Central Government and beyond that limit, by the employer alone. ] 10. Related instruction of apprentices(1) 64 [A trade apprentice] who is undergoing practical training in an establishment shall, during the period of practical training, be given a course of related instruction ( which shall be appropriate to the trade) approved by the Central Government in consultation with the Central Apprenticeship Council, with a view to giving 65[the trade apprentice] such theoretical knowledge as he needs in order to become fully qualified as a skilled craftsman. (2) Related instruction shall be imparted at the cost of the appropriate Government but the employer shall, when so required, afford all facilities for imparting such instruction. (3) Any time spend by 66[a trade apprentice] in attending classes on related instruction shall be treated as part of his paid period of work. 67 [(4). In case of trade apprentices who, after having undergone a course of institutional training, have passed the trade tests conducted by the National Council or have passed the trade tests and examinations conducted by a Board or State Council of Technical Education or any other authority which the Central Government may, by notification in the Official Gazette, specify in this behalf, the related instruction may be given on such reduced or modified scale as may be prescribed. (5). Where any person has, during his course in technical institution, become a graduate or technician apprentice, 68[technician (vocational) apprentice] and during his apprenticeship training he has to receive related instruction, then, the employer shall release such person from practical training to receive the related instruction in such institution, for such period as may be specified by the Central Apprenticeship Adviser or by any other person not below the rank of an Assistant Apprenticeship Adviser authorised by the Central Apprenticeship Adviser in writing in this behalf. ] _________________________________________ 61. Sub. by Act 27 of 1973. 62. Ins. by Act 27 of 1973. 63. Ins. by Act 41 of 1986 ( w. e. f. 16-12-1987) 64. Subs. by Act 27 of 1973. 65. Subs. by Act 27 of 1973. 66. Subs. by Act 27 of 1973. 67. Ins. by Act 27 of 1973. 68. Ins. by Act 41 of 1986 (w. e. f. 16-12-1987). 11. Obligation of employers Without prejudice to the other provisions of this Act, every employer shall have the following obligations in relation to an apprentice, namely(a) to provide the apprentice with the training in his trade in accordance with the provisions of this Act, and the rules made thereunder; (b)  if the employer is not himself qualified in the trade, to ensure that a person 69[who possesses the prescribed qualifications] is placed in charge of the training of the apprentice; [ * * *]70 71 [(bb) to provide adequate instructional staff, possessing such qualifications as may be prescribed, for imparting practical and theoretical training and facilities for trade test of apprentices; and ] (c) to carry out his obligations under the contract of apprenticeship. 12. Obligations of apprentices72 74 [(1) 73 [Every trade apprentice] undergoing apprenticeship training shall have the following obligations, namely:(a) to learn his trade conscientiously and diligently and endeavour to qualify himself as a skilled craftsman before the expiry of the period of training; (b)  to attend practical and instructional classes regularly; (c) to carry out all lawful orders of his employer and superiors in the establishments; and (d) to carry out his obligations under the contract of apprenticeship. [(2) Every graduate or technician apprentice [technician (vocational) apprentice]75 undergoing apprenticeship training shall have the following obligations namely:(a) to learn his subject field in engineering or technology [or vocational course]76 conscientiously and diligently at his place of training; (b) to attend the practical and instructional classes regularly; (c) to carry out all lawful orders of his employers and superiors in the establis.

An Analysis of Psychology in Art Essay Example for Free

An Analysis of Psychology in Art Essay Kahlo’s painting Self Portrait with Cropped Hair (1940) and Lichtenstein’s Drowning Girl (1963) both use emotive techniques in order to convey more subtle feelings. While Lichtenstein employed a more bold look to his female subject, Kahlo uses a formal stance in her self-portrait, but both give the viewer the idea of sorrow being the center subject behind these female figures. Kahlo’s self portrait shows a woman on a chair (presumably Kahlo) with the cut pieces of her hair scattered all about her. This use of the hair being all around the main figure gives the viewer the impression of a battle – that Kahlo lost. Hair is a metaphor in the painting – a metaphor of peace or strength. In the bible the symbol of hair can be found in the story of Samson and Delilah in which Samson got his strength from his hair, and the prostitute Delilah cut it all off thereby rendering the hero useless. If then, Kahlo’s hair is her strength it is almost as though the viewer is peering on to a death sentence of the woman. The death sentence in Lichtenstein’s work is much more blatant as the drowning girl states in her bubble â€Å"I’d rather sink than call Brad for help† which coordinates this theme of desperation and sorrow. The stance of either female in their respected representations are opposite: Lichtenstein gives his subject a subdued and hopeless stance being already almost entirely submerged in the water and thereby closer to death while in Kahlo’s painting, although nearly all of her hair is spread about her in a form of defeat, the figure stands in erect position rather in a stance of having lost the battle. There is distinctly more depth present in Kahlo’s painting, with the cut hair scattered on the ground and the angles of the chair making the viewer fell as though they are peering into this event. In Lichtenstein’s work the viewer is given a close up of the woman who doesn’t allow for much depth to be viewed – but in classic Lichtenstein technique, his use of flat planes further develop this loss of field of depth. This is perhaps a metaphoric sense of depth since Kahlo’s portrait is subtle and the viewer has to read into the subject and the subtler emotions involved in the work while in Lichtenstein’s work the viewer merely has to read what the girl says in order to understand everything about the painting in one glance. With a second glance at the figure in Kahlo’s work (and with the history of her recent divorce from her unfaithful husband Diego Rivera) the viewer may guess that this cutting of the hair is symbolic of Kahlo’s state of emotions. Perhaps she is shedding the part of herself that Diego had claimed as Kahlo has said of her art, I do not know if my paintings are Surrealist or not, but I do know that they are the most frank expression of myself. (Kahlo). Thus, in cutting of her hair (presumably he loved long haired women) she is making a claim of self identity away from her cheating husband and thereby the painting becomes transformed into a woman losing hair, into a woman gaining her identity. The top of Kahlo’s painting even states as much in saying, â€Å"Look, if I loved you it was because of your hair. Now that you are without hair, I dont love you anymore. † Lichtenstein’s portrait of a woman who is also in the bad end of love also has a small bit of this identity. She states that she would rather die than have Brad come and help her, but the viewer wonders, why doesn’t the woman try and save herself? The depth that is lacking in the field of vision with Lichtenstein’s work is replaced by a depth into personality of the woman. A psychologist might argue that the woman has an Ophelia complex (from Hamlet) in which she would rather die than live without her lover. In either instance, it is clear that both artists are trying to depict an emotional state in which love is the cause of the effects. Lichtenstein’s work is predominately innovated through DC comics (a panel of which inspired The Drowning Girl). His use of Benday dots emphasize a stylistic approach. Kahlo’s art is more surreal in nature and symbolic in style as is evident in Self Portrait with Cropped Hair. In surrealistic style, Kahlo allows the interchange of gender to play a dominate role in the painting. The figure, Kahlo herself, is dressed in men’s slacks and a shirt, thus allowing the short hair to almost define her in a masculine capacity. In Lichtenstein’s work the gender of the painting is quite clear with the woman showing attributes a helpless woman drowning in the water as well as in love. This woman relinquishes her control over her fate in a rather docile component of femininity (the viewer is reminded of the big bosomed females in horror movies who run from the monster in drastic steps only to fall in their high heels and be destroyed by their pursuer). In Kahlo’s painting, perhaps because of this gender bending idea, the woman becomes like a man, that is, able to survive, or, in comparison, she becomes the pursuer and thereby strong. In opposition to the bible story then, Kahlo does not in fact become weak in losing her hair, but rather the painting is meant to suggest that she becomes strong in this shedding of hair, and husband. In either painting it is clear that both artists are interested in the psychology of their subject. In the DC comic world by which Lichtenstein gained inspiration, women were somewhat helpless creatures in the 1960’s only gaining a feminine stance in the 1980’s or so. His vision of women through his portrait gives the viewer the idea that without love, a woman does not have an identity, and thus, death is a logical substitute to not having a ‘Brad’. In Kahlo’s painting the same may be deciphered; she allows her femininity to surround her on the ground in the form of her hair, and her transformation into a man makes her stronger. It is then interesting to note the decades which lie between either painting – it may be said that Kahlo was progressive with her painting style and her representation of women (perhaps taking note of Kate Chopin’s The Awakening in which the protagonist cannot live in a man’s world and thus drowns herself in an act of freedom). It is clear that in both artworks there are strong emotions which propel the subjects into the places they stand before the viewer. The emotional journey has come to an end in either painting or the female figures either claim their identities (in the case of Kahlo) or they become submerged in a world where they cannot live without love (in the case of Lichtenstein). The psychology of the main characters becomes evident through the artists’ rendering through the use of space, script, and symbolism. Works Cited Alloway, Lawrence, Roy Lichtenstein, N. Y. : Abbeville, 1983 759. 1 L701A Claudia Bauer, Frida Kahlo, Munich: Prestel Verlag, 2005. Frida Kahlo, ed. Elizabeth Carpenter, exh. cat. , Minneapolis: Walker Art Center, 2007 759. 972 K12FR Gannit Ankori, Imagining Her Selves: Frida Kahlo’s Poetics of Identity and Fragmentation, Westport, Conn. : Greenwood Press, 2002. Hayden Herrer, Frida Kahlo: The Paintings, N. Y. : Harper Collins, 1991. 759. 072 K12H Lobel, Michael, Image Duplicator: Roy Lichtenstein and the Emergence of Pop Art, New Haven: Yale University Press, 2002. Pop Art: A Critical History, Steven H. Madoff, ed. , Berkeley: Univ. of California Press, 1997 709. 73 P8242 Waldmann, Diane, Roy Lichtenstein, exh. cat.. , N. Y. : Guggenheim Museum, 1993. 759. 1 L701WAL Whiting, Cecile, A Taste for Pop: Pop Art, Gender and Consumer Culture, Cambridge: Cambridge University Press.

Distinctive resources

Distinctive resources 10.The internal environment of the firm:doesyour firm haveany distinctive strategic resource/assets?HOW/WHY? According to Johnson et al (2008), distinctive resources are indispensible element of organization to create competitive advantage. These unique resources should be hard to imitate or obtain. A powerful brand can be seen as a distinctive resource for organization as it cannot be imitated easily (Johnson et al, 2008). A powerful brand related to a long term development of culture and history of organization. That is, the image of organization should be developed step by step over time. For Toyota, the brand represents a beacon and reliability for customers (Youngï ¼â€ Aitken, 2007). Toyota holds the value â€Å"be of service to society† and focus on innovation since it founded in 1937. Toyota enjoys its own features and develops it year by year. This positive image is difficult to be imitated or substituted. 13.The internal environment of the firm:doesyour firm haveany distinctive strategic resource/assets?HOW/WHY? 14.If yes,is this advantage sustainable?HOW/WHY? Competitive advantage could contribute to organisations performances are superior to their competitors (Johnson et al, 2008). To creating competitive advantage, companies should develop patented products or services in accordance with the changing external environment. Based on BBC Weather centre, the global climate is worsening day by day. The greenhouse effect is an essential phenomenon which related to climate change due to the human activity and excessive gas emission. As for Toyota, environmentally considerate automobiles were innovated by using the new Hybrid technologies in order to sustain environment (Toyota homepage). The Hybrid technology is a combination of an engine and a motor and will become a core technology in the near future. This system compromises the merits of engine and motor to take advantage of their own strengths. To be specifically, the motor will operate at the start up and low speeds, whereas the engine could be act at a certain speeds(Toyota homepage). It is can be said that this is a power-saved and efficient system. Furthermore, Toyota pay more attention on the utilization of various fuels such as gasoline, bio-fuels, electricity, hydrogen, biomass to aim to decrease the emission of gas. Buying a hybrid car is encouraged currently because its fuel-saved feature and environmentally protection (BBC, 2008). That is to say, possessing a hybrid car will become popular in the coming future in global. Based on King (2009), Toyota will be the first Hybrid car carmaker in European market. The first hybrid petrol-electric model is named Auris. It is clearly can be seen that the Hybrid technology will be a core competence of Toyota. Another distinctive merit of Toyota is that Toyota lock in a certain market. Johnson et al (2008) claimed that market dominance is a better method to sustain competitive advantage. Toyota focused on young generation market when it was launched in UK (Youngï ¼â€ Aitken, 2007). Almost 70 percent under 40 customers were attracted by unusual advertising methods. For instance, sponsoring nightclubs activity, advertising in pop clubs, cinemas and concerts in urban area(Youngï ¼â€ Aitken, 2007). This marketing strategy is successful help Toyota dominate youth market. In addition, the brand of Toyota means reliability and credibility for older drivers originally (Youngï ¼â€ Aitken, 2007). It is can be draw the conclusion that Toyota lock in a certain size market. This competitive advantage will be sustainable in the future as its reasonable and feasible. Reasons why this competitive merits will be sustainable are as follows: Firstly, the target of Toyota this innovation is ensure earth, human and vehicles coexist in the harmonious future(Toyota homepage). That is, minimizing the damage of human behaviour and harmful gas generation. This is a vital task that the whole human have responsibility to do. Secondly, Hybrid system is a breakthrough of current technology improvement. In other words, this system will bring the â€Å"eco-car† (Toyota homepage) time for human. Finally, the consciousness of environment protection is widespread and acceptable universally. Human will pay more attention on environment sustainability.

Batik Essay -- essays research papers

Batik   Ã‚  Ã‚  Ã‚  Ã‚  Elaborately decorated fabrics and patterns can be seen almost everywhere in the world today. Batiking is a type of decorated fabric, which usually depicts motifs of flowers, birds, butterflies and other natural objects, or simple geometric forms. These designs are rich in symbolic heritage and variety; to date there are over three thousand recorded batik patterns. To perform the art of batiking, one must know a little about its origin, the necessary materials, and the method of creating a batik.   Ã‚  Ã‚  Ã‚  Ã‚  The technique of â€Å"batik† itself is Indonesian in origin; the word â€Å"batik† is an Indonesian-Malay word that means â€Å"to dot.† The art of batiking is more than a millennium old. There are evidences that cloth decorated through a form of resistant technique was used early AD in West African, Middle-Eastern, and Asian communities. Over the past two or three centuries, batik has become one of the best means of expression, spiritually and culturally, in the values of Southeast Asia. This means of coloring and decorating textiles has even reached a higher degree of excellence in the island of Java. From Java, batik cloth has been exported to many other islands, spreading the batiking art around, which is how it is so well known, as are most of the items used to create it.   Ã‚  Ã‚  Ã‚  Ã‚  A number of different materials are used when creating a batik. The primary requirements are cloth, wax, various colored dyes a...

The Life of a Slave :: essays research papers

My name is Shaniqua and I am a sixteen-year-old girl from Mali, Africa. Everyone was nice back in my village. I lived at home with my mother, father, and my younger brother, Jamal. Life back home was great. I would help my mother around the house and take care of my little brother Jamal. Jamal and I would help mama clean and cook. I would also help my mother make clothes to sell at the market. On certain days I would go to the market to sell the clothes my mother and I made. My mother and I would take turns going to the market. Sometimes in the summer I would go to the river with my best friend. I’m the type of person that would help someone if they were in trouble. I always treated people fair. I was very happy at home. The village that I lived in was always busy; people always had something to do. There was never a dull moment in my village. We all got along in the village. It was a nice summer day so my friend and I decided to take a walk to the river and cool off. As we approached the river some strange looking men popped out from behind the bushes and grabbed us. I had never seen someone like that before; they were pale and white. They had yellow hair and blue eyes. The men shackled us to one another and forced us to walk to where there were many other Africans in a cage. I was crying and screaming but they didn’t care. I tried to get away and they hit me with a whip so hard across my back that it bled. I had no chouse but to follow them to the coast. As I was walking I saw people from my village being whipped and beaten. They were getting whipped so bad chunks of their skin were falling on the floor. There was blood gushing from their open flesh. People are screaming for help but there’s no one to help them. Some man that was shackled tried to escape, he failed. The white men killed him. As we got to the coast there were huge wooden boats waiting for us. They shoved us into the boat, then they through us into some place below decks. We are so close together we can hardly move. I see people getting thrown off the ship left and right.

Network Security Essay examples -- essays research papers

Network Security In today’s world, with so many ways to gain unauthorized access to someone’s computer system, network security is very important. Almost every company has been a victim of a virus attack, hackers, or some other form of unauthorized access to their network. In this paper, I will discuss various methods that those who want this access use and ways they can be prevented. Many people feel that because they use passwords their files are secure and can’t be hacked. They unknowingly leave their networks open to attack without protection thinking everything is fine. Hackers can easily get into password protected files once they have access to a computer system. One way to prevent this is to use a firewall. A firewall prevents unauthorized users from gaining access to a system by restricting access to the entire system, not just the files on the system. Firewalls prevent access to data by using symmetric or asymmetric encryption. Symmetric encryption uses the same password to decrypt the data that it does to encrypt the data. This method allows users to be able to share the same password to gain access to the data and make any needed changes. Asymmetric encryption is different in that there are different passwords used to encrypt the data and decrypt the data. Asymmetric is considered a little more secure as passwords don’t have to be shared in order to allow someone access to the data. Each individual has his or her own password to access it. Asymmetric encryption uses public/private keys to encrypt/decrypt data. Public keys use the same encryption data to access the data that the data was encrypted with. Private, or secret, keys allow the originator of the data to encrypt it and not have to share his password with anyone. They can use their own private key to unlock the data. Digital certificates are certificates that are guaranteed to be authentic by a Certificate Authority. The certificate authority digitally ‘signs’ the data stating that it is authentic. An alternative to this is Public Key Infrastructure, or PKI. PKI uses private keys to certify the data is correct and authentic. PKI is a fast growing, although time consuming, method of securely transmitting data. Network security became necessary when hackers and other neer-do-wells discovered flaws, or holes, in the various layers of the OSI model that would allow... ...  Ã‚  Ã‚  Site located in-theater  Ã‚  Ã‚  Ã‚  Ã‚  Off-site system replication OPSEC and low profile to prevent hostile targeting  Ã‚  Ã‚  Ã‚  Ã‚  Network monitoring systems  Ã‚  Ã‚  Ã‚  Ã‚  Hardened sites Based on just the information contained in the CACI table, it’s obvious that Network Security is mandatory requirement for all networks. As information accessibility grows, so will the need to protect it. By protecting your network from the onset, you can help prevent the problems caused by those who want unauthorized access to your network. References http://www.certmag.com/articles/templates/cmag_feature.asp?articleid=580&zoneid=9 http://www.caci.com/business/ia/threats.html http://www.medword.com/MedwordStore/CSoft/encryption_white_paper.html http://www.iam.unibe.ch/~mseeberg/key/theory.html http://www.windowsitpro.com/Article/ArticleID/46871/46871.html?Ad=1 http://www.windowsitpro.com/Article/ArticleID/46871/46871.html?Ad=1 http://www.windowsitpro.com/Article/ArticleID/8843/8843.html http://www.windowsecurity.com/pages/article_p.asp?id=1142 http://www.windowsitpro.com/Article/ArticleID/15314/15314.html

Emily Dickinson Outline Essay

I. Emily Dickinson was an introvert who wrote poems about life, love and death. Dickinson showed her feelings of death and Desire using unusual scenario’s that cause the reader to stretch their thinking and go beyond superficial thought. Emily Dickinson uses imagery, Form, and settings in her poems in â€Å"I Heard a Fly Buzz when I Died† to set the tone of the poem. II. Dickinson uses imagery in â€Å"I Heard a Fly Buzz when I Died† to set the tone for this poem. A. Dickinson works hard and fast to give us a sense of what the atmosphere is like in this room. She wants to build up a sense of how quiet, calm, and stifling it is around this deathbed. Maybe everyone has experienced a death, so she compares the situation to another one that everyone might be more familiar with. B. We don’t actually get to see who else is in the room with the dying speaker, but she does help us out by telling us that there are â€Å"Eyes around.† This helps us to fill in the blanks of the scene. At first we just had a dying person and a fly, but now we can start to imagine the room where this is taking place, complete with crying onlookers. C. When it comes to this image of â€Å"the King.† She is referring to death itself, which runs the show. This could have a more specifically religious meaning. Such as reference to God or Jesus Dickinson’s lyric poem uses form, meter, and scheme to convey its tone, A. Trimeter and tetrameter iambic lines, four stresses in the first and third lines of each stanza, three in the second and fourth lines. A rhythmic insertion of the long dash to interrupt the meter; and an ABCB rhyme scheme. B. All the rhymes before the final stanza are half-rhymes (Room/Storm, firm/Room, be/Fly), while only the rhyme in the final stanza is a full rhyme (me/see). Dickinson uses this technique to build tension; a sense of true completion comes only with the speaker’s death. C. A lyric poem is a short, song like poem that expresses someone’s thoughts or feelings which by the end of the poem where death is quickly approaching you feel the tone is the poem. It was evident that the person dying had plenty of other things to think about but the buzz from the fly seem to distract them, all the way up to the point that the speaker could not see to see.