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Linking college and high school students through the learning contract

It is possible the linkage of a student from a different institution with a SENA apprentice contract?

April 2, 2014

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The apprenticeship contract is regulated by both the Labour Code, and Decree 933 of 2003, in which clearly states that the primary function of the apprenticeship contract is not to create an employment relationship, but provide training elements and professional experience to students who are in technical processes, training and courses provided by the National Apprenticeship Service - SENA.

Article 6 of Decree 933 of 2003, indicates the cases where it is possible to use the figure of the learning contract:

a) In semi - skilled trades, that is to say the theoretical and practical training that focuses on educating people for jobs in which clearly defined specific instructions from procedures predominate. For example: Mechanical aides, assistants electrician, plumbing, etc.

b) In the formation of the student learner enrolled in courses taught by SENA.

c) Training in educational institutions duly recognized by the state.

d) Where the employers providing training services and education and must have the permission of SENA.

e) The practices with university students, technicians or technologists that companies establish directly or educational institutions approved by the State in accordance with the Law 30 of 1992 and 115 of 1994. These students should have within their curriculum this kind of practice to reinforce the theoretical knowledge.

From the above, it is possible to link technical graduates, technicians or technologists college students by learning contract, which is a particular attachment figure provided in the Labour Code. The beneficiaries of this linkage are apprentices SENA, training institutions for work and students from technical and technological education institutions that have the respective articulation agreement with SENA, in which event, the student should bring to the respective company the letter stating he/her as such.

The duration of the learning contract can be a maximum of two years and must understand both the schooling as productive stage. However, it states that in the case of university students practice the maximum duration of the apprenticeship must be at the time indicated by the respective curriculum for business practices, without allowing it to exceed the maximum term of 2 years. For technical and technological practices of students, the maximum time of the apprenticeship is 1 year.

For support of sustainability, this varies according to the stage at which learners are: at the schooling stage, the learner will receive a support of 50% of the minimum wage, and operational or practice stage, support will be equivalent to 1 monthly legal minimum wage, as established in Resolution 384 of 2014. As a trainee social security payments are made according to the stage where the person is. In the schooling stage learners must be affiliated just to health. During the practice phase the employer must continue to pay health contributions and membership and make payments to the system of occupational hazards.

Finally, if during the development of the activities assigned to the learner, it presents poor performance or commits a disciplinary offense referred to in the Working Rules, the company must give the attention to the situation to the respective academic institution, which is the entity that should require the learner directly and take the appropriate decision.

The opinions expressed in this article are those of the authors and do not necessarily reflect the viewpoints of Activo Legal Ltda.