Education / Professionalization|News|Young apprentice
The Young Apprentice Law is turning 21 years old. The norm was sanctioned in 2000 and is considered a landmark of social inclusion in the country and the gateway to the labor market.
But despite having existed for more than two decades, many people still have questions about this program.
That’s why we have prepared a complete guide so that you can stay on top of the subject and clear all your questions about the young apprentice.
According to Law 10.097/2000, apprentices are those young people who study, work and receive training for the profession they are training. All at once.
To join the young apprentice program, you must be attending elementary or high school. In addition, you must also be enrolled and attending professional technical education classes at an institution that has an agreement with the contracting company.
These young people can work four or six hours a day or 30 hours a week. It can be extended to eight hours a day or 40 hours a week, for those who have already finished regular education.
They are also entitled to receive the proportion of the minimum wage, according to the hours worked.
Labor charges are borne by the contracting company. In other words, the young apprentice is guaranteed paid rest; vacations, which should preferably coincide with school recess; and the collection of the Guarantee Fund for Length of Service (FGTS) which in the case of young apprentices is only 2%.
Being insured by the INSS (National Social Security Institute), in addition to being entitled to vacation and thirteenth, the young apprentice is also entitled to sick pay and maternity leave.
In these cases of leave, the young person is not required to participate in theoretical classes.
If the employer goes bankrupt or the company is closed for another reason, the young apprentice is entitled to unemployment insurance when he leaves the organization. The benefit is paid by Caixa Econômica Federal and the value takes into account the average of the last three salaries registered.
The law states that any company with at least 7 employees is required to hire young apprentices.
The number of apprentices must be equivalent to at least 5% and up to 15% of workers whose functions require professional training.
This proportion may be higher in the case of non-profit organizations focused on professional education.
Public or mixed-economy companies, on the other hand, must also contract, following what is stipulated in the law. The difference is that it must take place through a selection process, with the publication of a notice with the rules for the event, or with the assistance of non-profit entities.
The young apprentice contract has some peculiarities in relation to CLT employees. Especially since, in the agreement, the employer undertakes to guarantee the apprentice professional training.
But not only that. The contract must contain:
In addition, the contract has a pre-established period, which can be up to two years, and cannot be changed, even if there is an agreement between the parties.
The Apprenticeship Law provides for some situations in which the contract may be terminated. This is possible at the end of the learning duration period; when the apprentice turns 24 and when the adolescent does not adapt or performs below expectations.
The contract can also be terminated in cases of serious disciplinary misconduct; loss of the school year at school due to the high number of unexcused absences and when the young person requests dismissal.
It is noteworthy that the law ensures that the contract is not terminated in cases of leave in cases of illness or maternity leave. There can also be no dismissal of apprentices when there is a reduction in the company’s workforce.
If, at the end of the period established in the contract, the two parties decide to maintain the partnership, a new contracting process must be carried out. In this way, the young person is no longer an apprentice and becomes an employee of the company, under a normal contract.
Hiring young apprentices brings a series of tax benefits. First, it allows the payment of 2% of the Severance Indemnity Fund for Employees (FGTS). This amount is four times less than what a company would normally have to pay.
There is also a waiver of paid prior notice, which, in cases of unfair dismissal, corresponds to 30 days of work plus the employee’s proportional time at home.
The law also exempts the payment of the termination fine, which corresponds to 40% of the total value of the Guarantee Fund when the employee leaves the company.
In addition, companies registered with the Simples Nacional do not have any type of increase in the Social Security Contribution rate.
Not to mention that, by hiring a young apprentice, the company is investing in the safety of the entire community. It’s that, many times, when he enters the job market, he moves away from crime, bad company and drug use.
Another improvement from a social point of view is the contribution to qualified labor. It is about the training of professionals and generation of complementary income for several families.
Another additional benefit is that, at the end of the learning process, this young person can be definitively hired, reducing expenses with selection processes and training.
If there are benefits for companies that comply with the Apprenticeship Law, those that break the rules are subject to sanctions.
In the event that the minimum number of apprentices is not hired, the legislation considers that there were moral damages both for young people, who stopped receiving professional training, and for society, which loses trained professionals.
Inspection is carried out by the Labor Tax Auditor. In case of non-compliance, the employer will have to pay a fine of one minimum wage for each learning vacancy not filled or occupied with irregularities.
This fine can be up to five minimum wages. In cases of recidivism, the law provides that the punishment can reach up to 10 minimum wages.
Other penalties are the opening of an investigation and/or civil filing with the Public Prosecutor’s Office or the Children’s and Youth Prosecutor’s Office; conduct adjustment Term; the annulment of the irregular apprenticeship contract and the determination to hire young people, favoring the return of the prison system.
But, before hiring, the company must find a partner institution, which will be responsible for training this young apprentice.
These institutions must be non-profit entities that provide assistance to adolescents or that are geared towards professional education.
The hiring process is led by the company, which can carry out different types of selection, such as interviews, tests and dynamics.
In the case of young apprentices who are underage, training can only take place in institutions that have the authorization of the Municipal Council for the Rights of Children and Adolescents.
In all cases, it is necessary to fulfill a series of requirements to deliver courses to young apprentices. This includes registration in the National Apprenticeship Registry — a kind of database that records all information from technical and professional institutions in Brazil.
It is also necessary to have an adequate structure. Among these prerequisites are safe and hygienic physical facilities; be regular and present a work plan compatible with that established by the Statute of the Child and Adolescent (ECA).
To be a young apprentice, you must be between 14 and 23 years old and be enrolled in regular education. Remember that this is the only way to legally hire teenagers between 14 and 16 years old. Below this age, no form is allowed..
The maximum age foreseen does not apply to young apprentices with disabilities and each case must be assessed individually. For example, those young people with a report of mental and/or intellectual disabilities need to have, in the proof of schooling, considerations about skills and competences related to professionalization.
In addition to these prerequisites, the teenager must have a work permit. This is because the apprentice contract must be registered in the document.
The law also establishes that the work of young apprentices cannot be carried out in places that are harmful to training and/or physical, psychological and social development. And that activities cannot be developed at times and places that do not allow the young person to attend school.
Another important piece of information is that apprentices under the age of 18 cannot work at night. For legal purposes, this period is between 10 pm and 5 am the following day, in urban work.
Young apprentices over the age of 18 can perform this type of work, provided that the payment of the night allowance is ensured.
Young apprentice is the correct name for the program, but it is also known as underage apprentice and adolescent apprentice are three ways of referring to participants in the same program..
A few years ago, the term underage apprentice was more common. But, as the Apprenticeship Law stipulates a maximum age of 24 years, it is more appropriate to use the name young apprentice.
A survey carried out by the Center for Business-School Integration (CIEE) pointed out that, in the first half of 2021, there was a 47.3% growth in the number of young apprentices, compared to the same period in 2020.
Between January and June, 35,631 vacancies and 30,197 young apprentice contracts were opened in the country.
The publication “Youth and the Coronavirus Pandemic”, carried out by the National Youth Council (Conjuve), drew a profile on the concerns of young people as apprentices..
The study shows that most young apprentices are over 18 years old. The majority, 57%, of respondents declared to be studying.
Among apprentices who have already completed their studies, most are between 18 and 24 years old.
Also according to the publication, apprentices showed a lower tendency to exhaustion, insomnia, anxiety, depression and suicidal thoughts or self-harm than other young people, especially compared to those who did not work.
Ramacrisna is one of those accredited institutions for the training of young apprentices. The Institute’s Learning Program has existed since 2005 and has already trained more than 3,600 young people from 13 cities in the Metropolitan Region of Belo Horizonte.
The Apprenticeship Program begins with the choice of the apprentice: Ramacrisna is responsible for making a pre-selection of the teenager among the members of the Youth for the Future projects.
For this, it takes into account the profile of the vacancy offered by the company and the place of residence. This is because, preferably, it should be close to the workplace.
These young people are sent for an interview at the company, which is responsible for hiring.
After the choice is made, the Institute sends a list of documents that the contractor must submit to the Ministry of Labor and Welfare and other competent bodies. This is necessary to prove compliance with the learning quota.
It is only then that students start their courses. It is worth remembering that teenagers receive training in the area related to the performance of the company with which they have a professional relationship.
Currently, the Ramacrisna Institute has training in 11 areas. Are they:
Each of these courses has a different workload, ranging from 11 months and 6 hours to 24 months and 4 hours. All of these trainings include theoretical and practical classes, taught by qualified instructors who are prepared to pass on the knowledge.
Among the companies that are part of the Ramacrisna Institute’s Learning Program are Comau, Teksid, Unifort, Banco do Brasil and Unimed.
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Monitors or tutors are those professionals who are responsible for coordinating practical exercises and monitoring the apprentice’s activities in the company.
The objective is to ensure that young people have quality training and that it contributes to their professional development and to carrying out activities for the contracting company.
These professionals are also responsible for carrying out the apprentice’s performance evaluation.
The assessment must be carried out continuously, in accordance with the youth’s work routine. This process also relies on monitor feedback and tips for improving performance.
The evaluation process must take into account:
At the end of the contract, a more detailed assessment is made of the youth’s performance for the entire apprenticeship period. Thus, the young person will be enabled or not to receive a certificate of completion of professional quality.
This is a differential of the Ramacrisna Institute. In addition to training young apprentices, there is also a preparatory project for teenagers who wish to become a young apprentice..
This is the Youth for the Future program. A course that has a workload of 80 hours in which teenagers learn important concepts to take their first steps in the job market.
During classes, they receive lessons on public speaking, participating in job interviews, ethics lessons and interpersonal relationship tips and what customer service should be like.
In addition, according to market demand, profile analysis and the performance of the teenager during the course, students can be referred to companies to compete for apprenticeships.
To participate in the Youth of the Future project, the teenager must go through a selection process, which has three stages: the first is a socioeconomic and demand assessment of the companies; the second is an online test; and, finally, the presentation of documentation and proof of income.
In addition, candidates must be between 14 and 20 years of age, in the 9th year of elementary school, or in high school.
In each class, there are 45 students. Because of the pandemic, classes are being held remotely.
In the last impact report, it was possible to measure the impact of the Ramacrisna Institute Learning Program. Annually, more than R$3.6 million are invested in this project. Since, for every real invested, there is a social return of BRL 3.95.
Each year, at least 460 new teenagers participate in the program. The average time that the apprentice participates in the program is 1 year and 2 months. And they receive, on average, ½ minimum wage per month.
It is also important to highlight the high number of teenagers who participated in the program and who completed high school. There are 78%, a rate above 64%, which represents the national average recorded in 2017.
The hiring rate after the end of the apprenticeship contract is 20%.
And the average income of young people who got a job after going through the apprenticeship is R$2,300.
Among those who were hired, half remain with the company for more than 4 years.
From the employer’s point of view, each of the 100 partner companies invests, on average, R$7,624.94 per young apprentice in one year.
By hiring one of the teenagers at the end of the apprenticeship period, the company saves R$834. This value refers to the cost reduction with recruitment, training and adaptation of new employees.
The teenagers’ satisfaction score for the Ramacrisna Learning Program is 8.96. For companies, the rating is 8.
The Impact Report also provides an assessment of how companies and adolescents relate the learning program to the Sustainable Development Goals (SDGs).
In the evaluation of research participants, there are five most aligned objectives:
Do you want to be part of this transformation chain and still have benefits for your company? Contact us!
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