Chương IV Bộ Luật lao động 2012: Học nghề, đào tạo, bồi dưỡng nâng cao trình độ kỹ năng nghề

Chapter IV

APPRENTICESHIP, TRAINING AND RETRAINING FOR VOCATIONAL QUALIFICATION AND SKILL IMPROVEMENT

Article 59. Apprenticeship and vocational training

1. An employee is entitled to choose an occupation and apprenticeship at a workplace which is appropriate to his/her employment demand.

2. The State encourages any eligible employer to establish a vocational training center or open vocational training classes at the workplace in order to train and retrain for improving occupational qualifications and skills for its current employees and providing vocational training for other apprentices in accordance with the law on vocational training.

Article 60. Responsibilities of an employer for training and retraining for vocational qualification and skill improvement

1. An employer shall prepare annual training plans and budgets and organize training for improving vocational qualifications and skills for his/her current employees and training for employees before switching them to perform other jobs.

2. An employer shall report on the results of vocational qualification and skill improvement training to the provincial-level state management agency of labor in its annual report on labor.

Article 61. Apprenticeship and on-the-job training to work for the employer

1. An employer that recruits apprentices or on-the-job trainees to work for the employer does not have to register such vocational training activity and may not collect tuition fees.

In this case an apprentice or on-the-job trainee must be at least full 14 years old and have appropriate health conditions required by the relevant occupation, except for some occupations specified by the Ministry of Labor, War Invalids and Social Affairs.

The two parties shall enter into a vocational training contract, which must be made in 2 copies, each to be kept by one party.

2. During the period of apprenticeship or on-the-job training, if the apprentice or the on-the-job trainee directly makes, or participates in the making of, qualified products, he/she must be paid with a wage by the employer at a level agreed by the two parties.

3. Upon the expiry of the apprenticeship or on-the-job training period, the two parties shall enter into a labor contract in accordance with this Code.

4. The employer shall create conditions for the employee to take vocational skill assessment exams in order to get a national vocational skills certificate.

Article 62. Vocational training contract between an employer and an employee and job training expenses

1. The two parties shall enter into a vocational training contract in case the employee will be trained for vocational qualification and skill improvement or re-trained at home or abroad with the employer’s fund, including the fund donated by the employer’s partner.

A vocational training contract must be made in 2 copies, each to be kept by one party.

2. A vocational training contract must have the following principal contents:

a/ The trained occupation;

b/ Training venue; training period;

c/ Training expenses;

d/ The period during which the employee commits to working for the employer after training;

e/ Responsibility to reimburse training expenses;

f/ Responsibilities of the employer.

3. Training expenses are those accompanied by valid documents on payment for trainers, training materials, training venues, machinery and equipment, practicing materials, support for learners and wages and social insurance and health insurance premiums paid for learners during the training. In case an employee is sent to a foreign country for training, training expenses also include travel and living expenses during the period of overseas stay.