Draft of the amended Labor Code is expected to take effect from January 1, 2021. One of the noteworthy contents in the Draft is the amendment and supplementation regulations regarding apprenticeship and vocational training for employment with the employer.
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To be specific, according to the Draft, vocational training to work for the employer is when the employer recruits a person to train theoretical knowledge and practical skills for the job at the workplace, while apprentice training to work for the employer is when the employer recruits a person to guide and practice the job or profession at the workplace.
Employers may recruit apprentices for jobs that require high technical skills or jobs that have not been trained by vocational education institutions, or they may recruit trainees but must meet the following conditions:
- The duration must not exceed 12 months for vocational training and not exceed 03 months for apprentice training;
- There must be a commitment to employ the apprentice if they are 15 years old or older;
- A vocational training contract must be signed.
It can be seen that the Draft has tightened the regulations on vocational training and apprentice training compared to the current provisions of the Labor Code 2012, specifically adding conditions on the duration of vocational training and apprentice training for employees as well as requiring employers to commit to employing apprentices if they meet the age requirement.
Note, apprentices and trainees must be 14 years old or older and must have adequate health in accordance with the vocational training requirements.
Employers who recruit individuals for vocational training or apprenticeship to work for them do not need to register vocational training activities and are not allowed to collect tuition fees.
During the vocational training or apprentice training period, if the apprentice directly participates in or contributes to work that produces compliant products, the employer must pay wages according to the agreement between both parties.
Nguyen Trinh