Apprenticeship

An apprentice does not have the status of an employee but receives an apprenticeship allowance. The apprenticeship must be recorded in writing, and a copy must be filed with the Labour Inspectorate responsible for the area in which the apprenticeship takes place.

Recruiting a young person

All holders of vocational qualifications are eligible for an apprenticeship.

However, before recruiting a young apprentice, their age must be verified. No one may be taken on as an apprentice unless they are at least 14 years old and no more than 21 years old at the start of the apprenticeship. However, young people aged 13 or over may enter into an apprenticeship contract if they can prove they have completed the first cycle of basic education. The duration of the contract may not exceed three years.

Choosing the right training centre

The employer is obliged to enrol the apprentice at the training centre providing the training corresponding to the apprenticeship programme set out in the contract. They must also undertake to ensure that the apprentice attends all the lessons and activities organised by the centre where they have enrolled them. The time spent by the apprentice on lessons at the centre is included in their working hours.

What should be done if the apprentice does not perform satisfactorily?

During the first two (2) months, the apprenticeship contract may be terminated by either party without compensation. Such termination must be recorded in writing. After this period, the contract may only be terminated by express and mutual agreement between both parties or by a court order issued by the employment tribunal at the request of one of the parties.

No social security contributions for the employer

Social security contributions, calculated on a flat-rate basis against the statutory basic wage, are paid by the State.

Key terminology

CFA: the establishment of an Apprenticeship Training Centre (CFA) is subject to obtaining accreditation issued by the State. The CFA provides general training to complement the theoretical training delivered within the company.

Apprenticeship supervisor: It is the employer who recruits the apprentice or the employee responsible for the apprentice’s training within the company.

Apprenticeship allowance: The apprentice is entitled to a monthly apprenticeship allowance. This allowance is equal to a percentage of the guaranteed inter-professional minimum wage (SMIG). This percentage is:

• at least 25 per cent of the SMIG during the first year;
• 50 per cent of the SMIG during the second year;
• the SMIG in the third year.

Working conditions: Upon drawing up the employment contract, whether verbal or written, the employer undertakes to provide the work promised. The employer may not unilaterally alter this undertaking. The employer must provide the means to carry out this work. The employer must also comply with the conditions relating to the place of performance of the contract, the agreed working hours and the agreed wage. They must refrain from any action that would contravene the legal provisions.

Maintaining a peaceful working environment

The employer is obliged to ensure decent working conditions for employees. For example, they must take the necessary steps to ensure employees work in a quiet and less noisy environment. This is why the law also requires employers to provide protective equipment to staff for certain jobs, depending on the risks of accidents or occupational illnesses involved.

Adhering to working hours and paying overtime

The standard working week is 40 hours, with exceptions in certain sectors such as security, the hospitality industry, hospitals, clinics and similar establishments, and domestic staff.

The employer is obliged to adhere to these working hours and to pay for overtime, i.e. any hours worked in excess of the statutory limit. Furthermore, the performance of overtime is subject to prior authorisation granted by the Labour Inspector.

Paying the agreed wage

The employer is obliged to pay the agreed wage as set out at the time the contract was concluded. The wage must also comply with the legal and collective agreement provisions in force.

What should be done if working conditions are precarious?

In such circumstances, staff representatives must refer the matter to the Labour Inspector, who will carry out an inspection and, if necessary, order the non-cooperative employer to rectify the shortcomings.

Key terms

CHS: The Health and Safety Committee (CHS) is mandatory in industrial establishments that habitually employ at least 50 employees, and in non-industrial establishments of any kind that habitually employ at least 100 workers. The labour inspector may require the establishment of a CHS in workplaces that do not meet the required staff numbers but which carry out work presenting particular risks in terms of accidents or occupational diseases.

Safety register: This is a document kept by the company (numbered and initialled by the labour inspector) setting out the various safety instructions for staff with a view to minimising or eliminating the risks of accidents or occupational diseases.