Variable Overhead Variance Essay Example | Topics and Well Written Essays - 500 words

Variable Overhead Variance - Essay Example As earlier explained, the possible causes for these adverse variable manufacturing overhead variance is over utilization of the machine hours than what was budgeted that it negates even the favorable effects of lower expenditure for such manufacture. In order to reduce the cost of expenditure for the manufacturing purposes, some direct materials are sourced from local sources which may not be of standard quality thereby increasing the time spent on machine hours to match the required sandal design specifications. Hence, the management needs to check in for quality of the raw material purchased rather than only going by price considerations so that the overall cost of manufacturing overhead reduced and even the quality of the finished product would be even better than what is marketed now. It is observed that the raw material purchases are below the budgeted standards thereby raising doubts on the quality of the raw material procured and as such, work on them becomes tedious and more time consuming in terms of machine hours. Care should be taken while selecting the right type of raw material so that in the coming months, there is no occurrence of

Aviation Safety Management Essay Example | Topics and Well Written Essays - 3500 words

Aviation Safety Management - Essay Example All the company's leadership, managers and other employees at all the levels are responsible for the implementation of the Aviation Safety Program and accident and incident prevention. The Director of Safety has the authority to: Participate in working out, reviewing and amending the Aviation Safety Program. Interview station safety managers in order to evaluate their qualification (in coordination with Human Resources Department). Collect and review all the safety aviation related information from all departments. Require the reporting of any aviation safety related accidents, incidents ore hazards. Conduct aviation safety audits of any operation or facilities. Represent Sky High Airline in all relations with government and other organizations concerning safety related matters. Call for the Aviation Safety Committee. Approve expenditures to implement the Aviation Safety Program. The Director of Safety has responsibly for: Working out, reviewing and amending the Aviation Safety Program Implementing the Aviation Safety Program. Maintaining an accident, incident and hazards reporting system. Preservation and distributing of all received open and confidential aviation safety related information. Conducting regular aviation safety audits and representing analyzed data. Working out and implementation of accident, incident and hazard prevention plan. Cultivation an open and effective communication between departments and personnel. Providing all-round support and assistance to all line managers. Submitting an annual budget to provide the Aviation Safety Program implementation. 4. REPORTING OF ACCIDENTS, INCIDENTS AND HAZARDS ACCIDENT is an occurrence associated with the operation of an aircraft, which takes place between...This document constitutes the Sky High Airlines Company Aviation Safety Program. The person is authorized and responsible for the implementation of company safety policy is a head of Safety Department, Director of Safety. The position of Director of Safety is a full time position as well as positions of Chief of Flight Safety Department and Chief of Ground Safety Department. The Chiefs of Flight Safety and Ground Safety are appointed to ensure the safety protection in the air and on the ground accordingly and share the responsibility with the Director of Safety. The Safety Department together with Flight Safety and Ground Safety will assign additional duty aviation safety specialists in order to work in close and effective cooperation. ACCIDENT is an occurrence associated with the operation of an aircraft, which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage1.

Cyber Security Research Paper Essay Example for Free

Cyber Security Research Paper Essay 1. Preface This security profile of the Department of Veterans Affairs (VA) is based on two documents of public record. The first is the published VA Handbook 6500 (VAH 6500) which defined policy and procedures for systems within the purview of the VA (Department of Veterans Affairs, 2007). The second document is the Federal Information Security Management Act Assessment for FY 20011 commissioned by the VA Office of Inspector General (OIG) and performed by Ernst Young in accordance with Federal Information Security Management Act (FISMA) guidelines (VA Office of Inspector General, 2012, p. i). 2. Identification of Controls This security profile presents one control function from three primary policy and procedure controls. These controls are â€Å"System/New Technology Development Life Cycle† from Management Controls, â€Å"Security Training, Education, and Awareness† from Operational Controls, and â€Å"Remote Access† from Technical Controls. These controls are selected based on the lack of resolution based on information provided fiscal year 2006, 2010 (VA Office of Inspector General, 2011) and 2011 (VA Office of Inspector General, 2012) FISMA audits. 3. Management Controls The protection of systems via risk mitigation techniques are referred to as management controls. Management controls are designed to minimize risk associated with development process and systems implementation. 4.1. VAH6500 Section 6.a.(7) System/New Technology Development Life Cycle VAH6500 requires that any new technology undergo a systems development life cycle (SDLC) specific to the VA. The cycle consists of Initiation, Development / Acquisition, Implementation, Operation / Maintenance and Disposal. Systems must be able to encrypt/decrypt data. Systems not capable of this must receive a waiver from the OIG. 4.2. Implementation Assessment The SDLC program provided does not provide the necessary information for an effective program. No supporting material or references to NIST SP 800-64 Rev2 Security Considerations in the System Development Life Cycle or VAH 6500.5 Incorporating Security and Privacy into the System Development Life Cycle is made. 4.3. Implementation Impact The OIG 2011 FISAM Assessment indicates that â€Å"FISMA Section 3544 requires establishing policies and procedures to ensure information security is addressed throughout the life cycle of each agency information system† (VA Office of Inspector General, 2012, p. 9). Based on the lack of consistency in use of SDLC and change control, major security risks may go unnoticed. 4. Operational Controls Operational controls focus on techniques and procedures put in place by Information Technology staff or systems managers. The purpose is to increase security and provide deterrence via system controls. 5.4. VAH6500 Section 6.b.(11) Security Training, Education, and Awareness VAH6500 provides a concise policy which states any individuals that access sensitive information or systems must complete annual security training. Key persons with â€Å"significant† roles must attend additional training. All training is monitored for completeness. Policy indicates before employees can use systems security training must be completed. 5.5. Implementation Assessment Policy indicates that fourteen key pieces of information must be covered before an individual is allowed to begin work. This training must also be refreshed annually. The tracking of this information is the responsibility of the local ISO (Department of Veterans Affairs, 2007, p. 57). 5.6. Implementation Impact The distributed manner of training management is not conducive to consistent security training. The OIG 2011 FISAM Assessment findings indicate a centrally managed training database be used to ensure personnel receive the proper training needed for their job function (VA Office of Inspector General, 2012, p. 15). 5. Technical Controls The technical control area focuses on minimizing and/or preventing access to a system(s) by unauthorized individuals via technical measures. The measures are designed to ensure the confidentiality, integrity and availability of a system(s) (VA Office of Inspector General, 2012, p. 54). 6.7. VAH6500 Section 6.c.(3) Remote Access Control VAH6500 relies on nineteen policy requirements to enforce technical control. VA policy states that no sensitive information may be transmitted via internet or intranet without proper security mechanisms that meet NIST FIPS 140-2 criteria (Department of Veterans Affairs, 2007, p. 61). Each department within the Agency is responsible for monitoring remote access and privilege functions. Access can be revoked by a supervisor or superior at any time. The remaining requirements cover contractor access, PKI certificate distribution and termination of accounts. System protection is the responsibility of the ISO for each area of access. 6.8. Implementation Assessment VAH6500 does not utilize NIST SP 800-46 Guide to Enterprise Telework and Remote Access Security. The OIG 2011 FISAM Assessment also indicates some remote access systems do not provide Network Access Control (NAC) to block systems that do not meet predefined security requirements (VA Office of Inspector General, 2012, p. 6). 6.9. Implementation Impact The diversity of ISO management practices coupled with a lack of specific procedures for management, auditing and access creates opportunity for security breaches. 6. Summary The three controls outlined in this document show the disparity between written policy, procedure, and implementation. In order for the VA to be successful in meeting the standards of future FISMA assessments, a fundamental change in operations within the VA is required. 7. Comments The multifaceted nature of operations within the VA requires guidelines that meet the needs of multiple departments within the Agency. All three controls discussed in this document have very broad definitions to accommodate the extensive variety of services the VA provides. This flexibility coupled with a drop in training acceptance, legacy systems (VA Office of Inspector General, 2012, p. 7) and the lack of an â€Å"implemented components of its agency-wide information security risk management program† (VA Office of Inspector General, 2012, p. 3) will continue to limit future progress. These delay factors provide an understanding of why twelve recommendations from prior FISAM assessments remain open. Of the twelve recommendations listed in the VA FISMA FY 2011 report, only three have been closed, while three other recommendations have been superseded by new recommendations (VA Office of Inspector General, 2012, p. 19). The recent announcement of the Continuous, Readiness in Information Security Program (CRISP) seems to indicate a fundamental shift in the way the VA views security issues (United States Department of Veterans Affairs). In order for this program to be successful, this message must be understood and acted upon by all persons under the VA umbrella. 8.References Department of Veterans Affairs. (2007). VA Handbook 6500. Washington, DC: US Government Printing Office. Retrieved February 20, 2013, from http://www.va.gov/vapubs/viewPublication.asp?Pub_ID=56 Department of Veterans Affairs. (2010). Strategic Plan FY 2010-2014. Washington, DC: US Government Printing Office. Retrieved February 20, 2013, from http://www.va.gov/op3/Docs/StrategicPlanning/VA_2010_2014_Strategic_Plan.pdf National Institute of Standards and Technology. (2010). Guide for Assessing the Security Controls in Federal Information System (NIST 800-53a). Washington, D.C.: US Government Printing Office. http://csrc.nist.gov/publications/nistpubs/800-53-Rev3/sp800-53-rev3-final_updated-errata_05-01-2010.pdf United States Department of Veterans Affairs. (n.d.). CRISP. Retrieved February 21, 2013, from United States Department of Veterans Affairs: http://www.saltlakecity.va.gov/features/CRISP.asp VA Office of Inspector General. (2011). Department of Veterans Affairs Federal Informati on Security Management Act Assessment for FY 2010 (10-01916-165). Washington, D.C.: US Government Publishing Office. Retrieved from http://www.va.gov/oig/52/reports/2011/VAOIG-10-01916-165.pdf VA Office of Inspector General. (2012). Department of Veterans Affairs Federal Information Security Management Act Assessment for FY 2011 (11-00320-138). Washington, D.C.: US Government Printing Office. Retrieved February 20, 2013,from http://www.va.gov/oig/pubs/VAOIG-11-00320-138.pdf

Shortage Of Employees And Staff Retention Management Essay

Shortage Of Employees And Staff Retention Management Essay Retention of nurses at healthcare organizations has been a problem for several years. With the aging population in the United States the nursing shortage will become more critical. The case at Grayson County Regional Health Center indicates a problem with employee retention. The group that is most affected are the nurses where retention rates have ranged from 15%-50 %( Fried and Fottler, 2010) over the last several years. The best ways to retain employees is to first screen and select the best qualified employees. This can be done through automated screening tools, peer interviews, and retention focused management. Three organizations will be compared in this article. The 30 nursing homes in New York and Connecticut, the Jupiter Medical Center in Jupiter Florida will be referred to as examples of how retention problems can be solved. The Eastern Idaho Regional Medical Center in Idaho Falls, Idaho is another organization that has successful solved recruitment issues and has created a culture where people stay due to good working conditions and benefits. Solutions to retain employees once they are hired will be discussed by creating a culture where people feel appreciated. Recommendations will be given to solve Grayson County Health Centers employee retention problems. Good job! Shortage of Employees and Grayson County Regional Health Center Grayson County Regional Health Center is a private non-for-profit 225 bed acute care hospital located in a rural community in a southeastern state. The hospital provides a range of inpatient and outpatient services. There is 24 hour emergency care offered. The hospital serves Grayson County and three other neighboring counties. The population of the county is 60,879 with 53% African Americans, 42% Caucasians and 5% Hispanics. (Fried, et al. 2010) The area suffers from economic hardships where many of the manufacturing jobs have relocated. The Employee turnover at the hospital is a 40%, and for nurses the turnover rate has ranged from 15-50% the last few years. (Fried, et al .2010) Medicare and Medicaid are heavily relied on for the income at the hospital. The hospital is not able to pay competitive market wages for the nurses and other professionals. The result is the hospital is under staffed and the quality of care is a concern. There are many things to consider to how this situation can improve. Can better communication between the staff and the management be implemented, to create an environment where employees feel valued? A retention specialist position or committee should be considered for retaining employees. Not retaining employees can cost an organization a lot of money. Do you have an estimate of how much it can cost? If more employees stayed with the organization money could be reallocated to pay staff a competitive wage. Another question to be answered is if anyone in the community can be retrained for th e jobs at the hospital, where unemployment is so high in this county. Retrained for jobs such as†¦? The costs of employee turnover can be radically changed by retaining more employees. One example given by Quint Studer (2006) if an organization with 3000 employees which have an average salary of $45,000 a year , a 1% reduction in turnover equals more than 1.3 million in a years time. One of the problems at Grayson County was the inability to pay employees competitive wages. Wages being one of the crucial ways to help retain employees it would be beneficial if the costs saved from employee turnover could create a way to pay the employees better. In the text by Fried et al. (2010 p.198) states that recruitment and selection are the key to retention, one important part in the selection process is to screen the job applicants to see if they fit with the organizational values and have the skills necessary for the work. Another consideration is it can be easier to teach skills than to change attitudes of employees. Determining which applicant fits the organization can be done by asking behavioral questions in the interview to gain insight to the skill sets the applicant possesses and their values. How do behavioral questions differ from personality tests? Having peers involved in the interview process can help with the selection process to find an applicant that fits best with the organization. The first 30-60 days are the most crucial to retaining an employee. The employee turnover can be 25% in the first 30-60 days ( Studer, 2006). Making sure to follow up with new hires to clarify expectations, recognize efforts and encouragin g the employee to give helpful examples of past work experience that would be beneficial for the organization can help with retention in the crucial first 30-60 days. These tactics have been proven to work at a 340 bed hospital in Downers Grove, Ill where a reduction of employee turnover improved by 36.5 % in a years time. ( Studer, 2006) The Healthcare Advisory Board (HCAB) conducted an extensive review of recruitment and retention strategy and identified each strategy relative effectiveness. The HCAB review yields five effective retention strategies: Firstly, selecting the right employees. Secondly, management improving the orientation and on-boarding processes by creating a buddy program and other opportunities that help new employees establish professional and personal relationships with colleges. Thirdly, monitoring turn over to identify specific root causes, including identifying managers whose departments have high turnover. Fourthly, efforts in developing and implementing ways to retain valued employees in the organization will reduce turnover percentages. Fifthly, although marginal in its effectiveness the HCBA recommended systemically attempting to reverse turnover decisions. (Fried et al. 2010). Other retention strategies given by Fried et al (2010) Where to create a culture where people want to stay because they enjoy their work. The manager does this thru empathy and truly caring for the welfare of the employees creating authentic connections with each staff member. This can allow for better focus on problem solving in the organization. A generic strategy for retention is through competitive compensation, differential and premium pay through signing bonuses, forgivable loans, and extensive benefits. In Jupiter Medical Center (JMC) in Jupiter, Florida Paul Dell Uomo (2009) reported that they suffered from recruiting and retention problems which were a problem in opening up more beds to serve the community. After weighting the options it was decided to outsource the recruitment function which helped in organizing hiring practices. This cut costs including a 1 million dollar decrease in contract labor (Uomo, 2009).

violence in tv Essay -- essays research papers

Violence in our Children’s Cartoons How Does Television Violence Affect Children’s Behavior Does television promote violence and crime among children? Although most people look at television as an entertaining and educational way to spend time, some people think there is too much violence in television and that is influencing our young into becoming aggressive in nature and to tolerate violence. Cartoons are the most violent programs on television (Johnson, 1999). Mostly all cartoons have consent fighting between hero and villains. Some cartoons have funny looking character torturing another character. Can violence on cartoons make a kid or a young adult to do some kind of violent act? Yes, in Ohio a five year-old boy set his house on fire that killed his little sister. The boy said he developed the idea by watching the cartoon Beavis and Butthead (Josephson, 1995). Other example of a child performing a violent act was a six year-old Jeremy Nezworski imitated an act of hanging himself like a ghost after he watch the act on the cartoon The Scooby Doo Show, and the boy killed himself (Josephson, 1995). Teenage Mutant Ninga Turtles is thought of to be one of the most violent cartoons that ever appeared on television according to Terry Harrison, a preschool teacher (Brady 60). The sound of a three-year-old boy yelling "cowabunga" is a war cry that unleashes chaos in the classroom. "Suddenly we are faced with a little gang of ninja's trying to kick and punch each...

Blood Imagery In Macbeth Essay -- essays research papers

In Shakespeare's Macbeth a play, a man named Macbeth goes through a great transformation; Macbeth goes from being a heroic general in the king's army to an assassin and a tyrant. The theme of the play is never give into evil because it destroys no matter what the benefits are. Blood Imagery is very important in the play; it shows Macbeth's evil ambition in the beginning, middle, and end of the play. In the beginning of the play, blood imagery is very important. "Till he unseamed him from the nave to the chaps, / and fixed his head upon our battlements"(I.ii.22-23). Macbeth has just killed the enemy and become a hero; Macbeth killed the enemy not for fame or fortune but to defend his land and people. In this next quote Macbeth's evil spirit starts to grow by completing the witches prophecy. "I go, and it is done; the bell invites me. / Hear it not, Duncan; for it is a knell / that summons thee to heaven or to hell"(II.i.62-64). Macbeth's selfish and evil desires have grown; he kills his own king in order to obtain the crown; this is no act of a heroic general but a selfish cold-hearted man. "Oh, yet I do repent me of my fury, / that I did kill them"(II.iii.99-100). Macbeth slaughters these two men to conceal his actions and to remove suspicion from him; Macbeth's evil spirit is growing; he must commit more evil crimes in order to cover up his others. In addition to the beginnig, Blood Imagery is very important in the middle of the play. Macbeth's...

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. Employer’s 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) â€Å"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) â€Å"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) â€Å"Apprenticeship Council† means the Central Apprenticeship Council or the State Apprenticeship Council established under sub-section (1) of Section 24; (d) â€Å"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). â€Å"Board or State Council of Technical Education† means the Board or State Council of Technical Education established by the State Government;] (e) â€Å"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) â€Å"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; â€Å"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; â€Å"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; â€Å"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; â€Å"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;] â€Å"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 â€Å"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) â€Å"State† includes a Union Territory; (o) â€Å"State Council† means a State Council for Training in Vocational Trades established by the State Government; (p) â€Å"State Government† in relation to a Union Territory, means the Administrator thereof; 24 [(pp) â€Å"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) â€Å"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 â€Å"Scheduled Castes† and â€Å"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.