Chương III Luật Lao động 1994: Học nghề

Chapter III

APPRENTICESHIP

Article 20.-

1- Everyone has the right to choose freely a profession and a place for apprenticeship suited to the need of his/her employment.

2- All businesses, organizations and individuals who meet the conditions prescribed by law shall be allowed to open a job-training establishments.

The Government shall issue regulations on the opening of job-training establishments.

Article 21.-

1- A job-training establishment must be registered and operate according to the regulations on job training. It is entitled to collect tuition and must pay these taxes as prescribed by law.

2- A job-training establishment shall be eligible for tax exemption or reduction if it addresses requirements of the war disabled and ailing military personnel, the handicapped, or members of ethnic minorities; if it is located in a place which has a high rate of underemployment or unemployment; or if its teaches traditional crafts or provides job tutoring at work places or at home.

Article 22.- An apprentice admitted to a job training establishment must be at least 13 years old, except for a number of jobs defined by the Ministry of Labor, War Invalids and Social Welfare. He/she must respond to the health norms required by the job to be taught.

Article 23.-

1- The business has the responsibility to upgrade the professional skills of the employees and to retrain them before transferring them to other jobs in the business.

2- A business which accepts a person to learn or practice a trade in order to work later for it under the terms stipulated in the job learning or apprenticeship contract, shall not have to register that person. But it must also not collect tuition from him/her. The time for learning or practicing a trade shall be included in the person's seniority at the business. During the period of job learning or apprenticeship, if the learner or apprentice takes direct part in manufacturing products for the business, he/she shall be paid a salary to be agreed upon mutually by the two parties.

Article 24.-

1- An apprenticeship can be effected only through a written or verbal contract between the apprentice and the employer or the representative of the job training establishment. Where a written contract is used, a copy of the contract must be provided to both parties.

2- The job training contract must specify the goal of training, the place of training, the amount of tuition, the duration of training and the level of compensation where a violation of the contract occurs.

3- When a business accepts an apprentice with explicit intent to employ him/her later at the business, the job training contract must state the terms by which the apprentice shall work for the business and the mutual commitment to sign the labor contract after completion of his/her training. If after learning the trade, the apprentice does not accept to work for the business as committed, he/she must compensate the employer for the training expenditures.

4- No compensation shall be made if the job learning contract ends before term due to a force-majeure cause.

Article 25.- All businesses, organizations and individuals are strictly forbidden from abusing their job training licenses and from using job training to promote self interests, exploit the labor of the apprentice or induce and coerce him/her into unlawful activities.