Section 18 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 18 is a short provision with a large effect on how an apprentice is treated. It says that, save as otherwise provided in the Act, every apprentice undergoing apprenticeship training in a designated trade in an establishment is a trainee and not a worker, and that the provisions of any law with respect to labour shall not apply to or in relation to such an apprentice.
This article is based on the consolidated text of the Act consulted (amended up to Act 29 of 2014). Later amendments should be checked before you rely on it.
The section opens with "Save as otherwise provided in this Act". Subject to that, (a) an apprentice in a designated trade is a trainee and not a worker, and (b) the provisions of any law with respect to labour shall not apply to or in relation to such an apprentice. The Act itself applies some provisions to apprentices in sections 14, 15, 16 and 17, and section 2(r) already keeps an apprentice out of the definition of "worker".
The text, clause by clause
| Part | What it says |
|---|---|
| Opening words | "Save as otherwise provided in this Act" |
| Clause (a) | Every apprentice undergoing apprenticeship training in a designated trade in an establishment shall be trainee and not a worker |
| Clause (b) | The provisions of any law with respect to labour shall not apply to or in relation to such apprentice |
The two clauses are joined by "and", so both are subject to the opening words. We explain section 18 exactly as printed and read nothing further into it. For help in applying a provision like this to a real engagement, our employment and labour law advisory team can walk through your facts.
Clause (a): trainee and not a worker
The clause describes the status of the apprentice. It covers "every apprentice undergoing apprenticeship training in a designated trade in an establishment". That wording is narrower than "every apprentice": it refers to the designated trade and to the establishment. Section 2(aa) defines an apprentice as a person undergoing apprenticeship training in pursuance of a contract of apprenticeship, and section 2(q) defines a trade apprentice by reference to a designated trade. Our articles on section 2 (apprentice, designated trade, employer and establishment) and section 2 (trade apprentice, graduate apprentice, optional trade and worker) set out those definitions.
Section 2(r) defines "worker" as any person working in the premises of the employer, employed for wages in any kind of work, directly or through any agency including a contractor, who gets wages directly or indirectly from the employer, but "shall not include an apprentice referred to in clause (aa)". So the definition of worker and clause (a) point the same way. The Gazette copy of the Apprentices (Amendment) Act, 2014 has the same wording for section 2(r). The copy prints the definition with doubled quotation marks around "worker"; that is a layout slip.
Clause (b): provisions of any law with respect to labour
Clause (b) says the provisions of any law with respect to labour shall not apply to or in relation to such apprentice. The words are broad ("any law"), and they are tied to the opening words "save as otherwise provided in this Act". The section does not list any law. It does not say how the clause is to be applied to a particular statute. This article therefore says nothing about any particular statute beyond what is printed. The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
What the Act itself provides: the "otherwise provided" part
The opening words matter because the Act itself provides several things for apprentices that resemble labour-law protections. They are found in the Act, not outside it:
| Section | What the Act itself provides | Where explained |
|---|---|---|
| 14 | Chapters of the Factories Act, 1948 and of the Mines Act, 1952 apply for health, safety and welfare, as the section states | Our article on sections 14 and 15 |
| 15 | Hours determined by the employer, overtime only with the Apprenticeship Adviser's approval, leave and holidays of the establishment | Our article on sections 14 and 15 |
| 16 | Compensation for injury, under the Workmen's Compensation Act, 1923 with the modifications in the Schedule | Our article on sections 16 and 17 |
| 17 | Conduct and discipline governed by the rules applicable to employees of the corresponding category | Our article on sections 16 and 17 |
The list above is drawn from the sections of the Act that deal with these matters. The Act also provides for the stipend (section 13), related instruction (section 10) and settlement of disputes through the Apprenticeship Adviser (section 20). This article does not decide whether a particular provision outside the Act reaches an apprentice; it records only that section 18 begins with "save as otherwise provided in this Act" and that the Act has its own provisions on these matters.
Why employers should care
- Counting. Because "worker" in section 2(r) does not include an apprentice, head-count thresholds in the Act that speak of workers are counted without apprentices. For example, section 9(4) and section 9(8) speak of workers.
- Documents. Describe the person as an apprentice and trainee in the contract and the offer papers, using the Act's own terms, not as an employee on a service contract.
- Records. Keep the records the Act itself requires (section 19), and the stipend record, because those are the provisions the Act provides.
- Questions outside the Act. Where a question turns on another statute, take advice on that statute. This article does not answer it.
This article offers no view on how any other statute, such as the POSH Act, reaches an apprentice. For general reading on that Act, see our posts on the introduction to the POSH Act, 2013 and on POSH Act compliance and inquiry.
An example
Lotus Electronics engages Karan as a trade apprentice in a designated trade under a contract of apprenticeship. His offer papers call him a trainee. When Lotus counts its "workers" for a threshold in the Act, it leaves Karan out, because section 2(r) excludes an apprentice referred to in clause (aa). When Karan is injured in training, Lotus does not rely on section 18(b) to say no compensation is due, because the Act itself provides for compensation in section 16, and section 18 begins "Save as otherwise provided in this Act".
Need help with how the Act treats your apprentices?
Getting the status, the contract and the records right in the Act's own terms is the foundation for everything else. Our employment and labour law advisory service can review your apprentice documents and point out where a provision of the Act, or a question outside it, needs a closer look.
Key takeaways
- Section 18 begins "Save as otherwise provided in this Act" and has two clauses.
- Clause (a): an apprentice undergoing training in a designated trade in an establishment is a trainee and not a worker.
- Clause (b): the provisions of any law with respect to labour shall not apply to or in relation to such apprentice.
- The Act itself provides for matters such as health and safety, hours, compensation and discipline in sections 14 to 17.
- Section 2(r) keeps an apprentice out of the definition of "worker".
Read next
- Sections 16-17: compensation for injury, conduct and discipline
- Sections 14 and 15: health, safety, hours of work, overtime and leave
- Section 2: trade apprentice, graduate apprentice, optional trade and worker
- Section 19-20: records, returns and settlement of disputes
Disclaimer: Based on a consolidated text of the Apprentices Act, 1961 amended up to Act 29 of 2014, on the Gazette of India copy of the Apprentices (Amendment) Act, 2014, and on a consolidated copy of the Apprenticeship Rules, 1992 in which the latest amendment marked is dated 20 January 2017, as consulted on 2 October 2026. Stipend rates and other figures are as printed in those texts and may have been revised; later amendments and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.