The apprenticeship contract is a special contract, by reason of persons, which represents an instrument used to promote self-learning to young people and adolescents foreseen in the Cape Verdian Labour Code.
An apprenticeship contract is considered to be one by which an employer undertakes to provide, by himself or in collaboration with other persons or institutions, professional training to an apprentice, who is obliged to perform the tasks inherent to such training.
The apprenticeship contract does not generate or titrate subordinate labour relations and expires with the conclusion of the training action for which it was concluded.
What age should the apprenticeship be?
Nobody can be accepted to start an apprenticeship contract if they are under fourteen years of age or over eighteen years of age. But in the case of first professional occupation, the maximum age can be raised from eighteen to twenty-four.
What form and content should the contract have? And what is the duration of the apprenticeship contract?
This contract is subject to written form and must be done in triplicate signed by the training entity, by the apprentice and, in case he is a minor, it must also be signed by his legal representative.
What is the consequence if it is not written down?
Regarding the content, the contract must contain the identification of the contracting parties, object, the amount of the training grant, if any, the duration, time and place of apprenticeship. And even if the legal representative so deems it possible to establish other essential elements in the contract. Regarding the duration, this cannot be longer than 3 years.
What requirements should the apprentice master and the company have?
No one can be a master apprentice if he has been convicted of a consummated crime or simply attempted against minors, namely the crimes provided for in articles 133 and 141 and following all of the Penal Code, which are crimes of mistreatment of a minor or incapable person and sexual crimes, respectively.
And if the master has been convicted of a crime other than minors, it is up to the Directorate-General for Labor (hereinafter simply DGT), to evaluate and decide whether or not to be an apprentice master, taking into account the degree of resocialization of that person.
If the apprenticeship contract is concluded with a legal person, the above-mentioned requirements are assessed in the person of the worker designated to provide the training actions.
Regarding the company’s requirements, this contract can only be entered into by a company that has a working environment and adequate human and technical resources to guarantee the apprentice’s professional training. apprentice professional.
Under what terms is the contract registered?
The apprenticeship contract only becomes effective after registration.
The company or the master must, within 10 days, send the original contract to the DGT, accompanied by the document proving the physical fitness of the apprentice to perform the tasks. If this document is not attached or the company does not meet the technical and moral conditions to provide the training, DGT may refuse to register the contract.
What are the rights and duties of the parties?
The apprentice is entitled to a training grant, according to the uses and customs of the profession. The apprentice may also be awarded a vocational training grant or through international cooperation, under the regulations.
It should be noted that for the duration of the apprenticeship contract, apprentices are covered by compulsory insurance against accidents at work and occupational diseases.
What are the duties of the training entity?
the employer’s duties are:
- Provide the apprentice with the training necessary for the exercise of a qualified profession;
- Do not demand tasks that are not included in the profession for which they are trained;
- Provide the apprentice with the frequency of the subjects that are part of the general training;
- Respect the hygiene and safety conditions and work environment compatible with the age of the apprentice;
- Regularly inform the apprentice’s legal representative of the learning outcomes;
- Punctually pay the apprentice the training grant to which he is entitled by law;
What duties should the apprentice have?
- Be assiduous, punctual and carry out your tasks with zeal and diligence;
- Use civility in dealing with people you interact with during and because of apprenchip;
- Comply with and follow instructions from the people in charge of your training
- Use carefully and ensure the good conservation of the material goods entrusted to you;
- Fulfill the other obligations arising from the apprenticeship contract and the rules that govern it.