Ask:
The company where I work has an apprenticeship contract with employees. After 1 month of apprenticeship, the company will sign an official contract if the requirements are met. I would like to ask, according to the law, is it legal for my company to organize such vocational training for workers?
Reply:
Article 61 of the 2019 Labor Code, effective from January 1, 2021, regulates vocational training and apprenticeship to work for employers as follows:
– Vocational training to work for an employer means the employer recruits people for vocational training at the workplace. The duration of vocational training depends on the training program of each level according to the provisions of the Law on Vocational Education.
– Vocational training to work for an employer means that the employer recruits people to guide work practice and vocational training according to the job position at the workplace. The duration of the internship is no more than 03 months.
– Employers who recruit people for vocational training or vocational training to work for them are not required to register for vocational education activities; Tuition fees are not collected; they must sign a training contract according to the provisions of the Law on Vocational Education.
– During the apprenticeship or vocational training period, if the apprentice or apprentice directly participates or participates in labor, the employer will pay a salary according to the rate agreed upon by both parties.
– At the end of the vocational training period, both parties must sign a labor contract when all the conditions prescribed by the Labor Code are met.
Thus, your company organizing vocational training for workers is not against the law.
