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14/04/2023HIGHLIGHTS
Federal Government amends Apprenticeship Law
Decree repealed several provisions introduced in 2022 such as those that eased the compliance with apprenticeship quotas
By means of Decree No. 11,479/2023, published on April 6 in an extra edition of the Official Gazette, the Brazilian Federal Government radically overhauled Decree No. 11,061/2022, which amended the regulations of the Apprenticeship Program. The new executive order repealed several provisions introduced last year and reinstated many of the original rules that governed apprenticeship training.
What has changed in the apprenticeship program?
Other than micro and small businesses, all companies are still required to comply with the apprenticeship quota and must have 5% to 15% of their professional workforce made up of apprentices.
However, the new decree repealed several rules that eased the compliance with this requirement. Check out the main changes below:
Subject |
How it was back in 2022(Decree No. 11,061/2022) |
How it is now(Decree No. 11,479/2023) |
|
Age limit for apprentices |
29 years of age for apprentices who perform work prohibited to people under 21. |
24 years of age. |
|
Apprenticeship term |
3 years, with a 4-year term allowed under certain situations. |
Maximum of 2 years. |
|
Apprentice’s work schedule |
Up to 8 hours a day for apprentices with a high school diploma. |
Up to 6 hours a day, with the possibility of adding time spent in theoretical training, in which case the apprentice’s work schedule can reach a maximum of 8 hours a day. |
|
Easing of the quota |
The quota may be filled according to the average of employees hired in each place of business over a given period. |
No easing in place. |
|
Special rule for companies with more than one place of business in the same state |
Companies could add up all of their business places located within the same state to calculate the quota and fill it by hiring apprentices in whichever establishment they chose. |
There is no special rule in place for calculating the apprenticeship quota for companies with more than one place of business located within the same state. |
|
Calculation basis for the quota |
Apprentices hired as full-fledged employees, workers under a fixed term agreement or zero-hour contract and employees on paid leave on account of social security benefits are included in the calculation basis.
|
No such provisions are in place for the calculation basis of apprenticeship quotas. Employees working fixed-term and apprentices hired full-time are deduced only from the number of hired apprentices. |
|
Apprentices hired as full-fledged employees |
Would remain factored in the quota for 12 months following their hiring as employees. |
Are no longer taken into account for quota-meeting purposes. |
|
Apprentices in vulnerable situation |
Were double counted for quota-meeting purposes. |
Are no longer double counted, but they must still be given priority for filling open positions. |
The new executive order is already in full force, but apprenticeship agreements signed under the old provisions set out in Decree No. 11,061/2022 will remain valid until the end of their terms.
Other new developments
The decree also reinforces the role of labor inspection authorities in overseeing work performed under apprenticeship schemes and also states that an electronic system will be made available for companies so that they can issue certificates proving their compliance with the quotas.
Labor management in good standing
DPC’s labor department provides guidance to employers with regard to newly enacted regulations that directly affect their workforce, which includes the management of apprenticeship contracts.
You can count on DPC’s support to ensure that your company remains in full compliance with labor requirements: dpc@dpc.com.br
How DPC may help your company?
Domingues e Pinho Contadores has specialized team ready to assist your company.
Contact us by the e-mail dpc@dpc.com.br
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