Seminar on "The School-to-Work Transition forthe Elimination of Child Labor: Examining theExperiences and Good Practices of the BrazilianApprenticeship System"

Marinalva Cardoso DantasBrazilian Labor Inspector

Head of Division for the Elimination of Child Labor and Protection of Young Workers

Commitment of countries in the region to speed up the pace towards the elimination of the worst forms of Child Labor by 2020 in order to reach its complete elimination by 2025, and in the preparation of an innovative instrument of cooperation for the consolidation of sustainable progress. This also calls for an urgent and innovative joint response to ensure the full exercise of the little boys, girls and teenagers’ Rights in the region.

Sub-Regional Project on the School-to-Work Transition for the Elimination of Child Labor

Child labor is to be understood as any form of labor exercised by children and adolescents under the minimum legal working age allowed pursuant to the law in force in every country. In Brazil, working is forbidden to children and adolescents aged between zero and 14 incomplete years, regardless of the working conditions; from the age of 14, working as an apprentice is allowed ; from 16 to 18, work is viewed upon as child labor should it appear in the list of the worst forms of child labor.

The Concept of Child Labor

Settlement of severance pay and compensation benefits Issuance of Offence Report stating fine per capita; Term of withdrawal from work remitted to the person

liable; Term of Communication of Child Labor and Request for Measures

to the other authorities; Articulation of the Child and Adolescent Protection Network

to integrate the children into social programs, schools; Preparation of detailed report; Inclusion of data in the Official Inspection Systems accessible to

the public. Referring adolescents above 14 years of age to anApprenticeship.

Actions taken by Work Inspectors in the Face of Child Labor

You must first Ratify ILO Convention No.138 concerning the

minimum age for admission to employment; Keep track of child labor;

The Necessary Background for Investing in Apprenticeship as a Tool for the Elimination of Child Labor

Ratify and follow ILO Convention No. 182 concerning the Worst Forms of Child Labor;

Prepare a List of the Worst Forms of Child Labor in the country (Brazil issued its List through Decree No. 6,481 stating 93 types of activities and locations forbidden to minors under the age of 18). Among the 04 universal and compulsory types stated in C. 182, 97 of the forms we have are considered intolerable working conditions.

For this purpose, Brasil created CONAETI, the National Commission for the Elimination of Child Labor and the Protection of Young Workers;

Set up a Tripartite Collegiate (Body) to prepare the List of Worst Forms of Child Labor and the National Plan for its Implementation

CONAETI is completing its third National Plan with a new section on “Apprenticeship” and another on “Work Inspection” given their importance in the fight against child labor.

Designing Projects for the Young Apprentice Integration into the Labor Market

This is how it all starts: Identifying Child-labor Hotspots Performing Activities related to the Hazardous Work List.

A Child-Labor Hotspot Eliminated in Brazil

The Return of a Child-Labor Hotspot using Teenagers

New Strategy and Awareness Raising: The Appropriate Public for Apprenticeship.

Articulating the Apprenticeship in the Pottery Hub with Business Owners and the Mayor

Favoring child-labor egresses in the mandatory apprentice quotas;

The Brazilian concept of Mobile Child Labor; Public Policy for those under the minimum

age for apprenticeship; Inspection of the apprentice working conditions

Brazil has adopted a New Joint Strategy combining Child-Labor Elimination Projects with Apprenticeship Projects

Project: Preventing and Eliminating Child Labor in the Americas (RLA0953PBRA)

The LETTER OF COMMITMENT of these companies takes into account the Convention on the Rights of the Child that was ratified by Brazil based on ILO Conventions No. 138 on the minimum age for admission to employment and ILO Convention No. 182 on the Worst Forms of Child Labor;It also takes into account the Brasilia Declaration on Child Labor signed in 2013 by the Governments and the Employers and Workers’ Organizations;Finally, it takes into account Goal 8.7 of the Sustainable Development Goals which establishes the end of child labor by 2025;

“Building a Network of Companies for the Elimination of Child Labor and the Promotion of Apprenticeship” based on the following

It also follows the United Nations Guiding Principles on Business and Human Rights and the ILO Tripartite Declaration of Principles concerning Multinational Companies and Social Policy;

It takes into account Apprentice Law No. 10,097 of 2000;

It takes into account the fact that Brazil undertook binding national and international commitments regarding the Rights of the Child and Adolescent and the role played by companies in respecting and making sure that human rights are guaranteed and that they are therefore co-responsible and committed to eliminating all and any form of child labor and to protecting young workers by ensuring their entry into the labor market safely while providing them with access to education;

It was agreed upon that businesses may play a role in boosting, strengthening and coordinating public-private partnerships and social-responsibility networks by creating fair-trading conditions and chains of value free of child labor within the private sector, the unions and other organizations;

I. To comply with national regulations and international conventions: to prevent and eliminate any and all forms of child labor, and thereby promote abidance by the Rights of the Child and Adolescent within businesses, the production and supply chain, and in its sphere of influence with regards to Professional Apprenticeship, and to promote abidance by the Rights of the Adolescent within businesses, the chain of production and related sectors of activity;

Our Commitments:

II. To propose and defend the implementation of public policies that improve the mechanisms used in the prevention and combat of child labor and that guarantee the right to Professional Apprenticeship;

III. To contribute in building a business culture in Brazil which makes a priority of promoting Professional Apprenticeship and eliminating child labor while promoting good practices within businesses that are aligned with the human right and social responsibility principles;

IV. To promote awareness and train direct and indirect employees periodically on the commitment towards preventing and eliminating any and all forms of child labor and the importance of abiding by the Law on Apprenticeship within businesses and the production and supply chain;

V. To promote a zero-tolerance culture towards child labor and to incentive Professional Apprenticeship at work, in the chains of value and any related sector of activity;

VI. To communicate on the implementation of such commitments and plans of action with the groups of interest;

VII. To participate actively in the Network and in collective actions, and to release information on the Network, as well as its goals at events and venues that have an impact at a national andinternational level.

VIII. To encourage companies and the private sectorin general to: take part in actions to fight against the sexual exploitation of children and adolescents;

Promote a social dialogue and concerted action for the elimination of child labor in their sector of activity, be it in the vicinity, on their premises or in the operational units;

Acknowledge the issues of race, gender, ethnic groups, as well as the social and economic issues of a historical and cultural origin, which pervade child labor, and take them into account in prevention and mitigation actions;

Enquire about and use any other initiative and guiding material such as the “Children’s Rights and Business Principles” released by the Unicef on how business actions can respect and support children’s rights.

Considering that the private sector plays a fundamental part in this process through its corporate strategies, policies and in-house practices;

Considering that companies are viewed as important allies in the elimination of child labor and the promotion of Professional Apprenticeship programs;

The Private Sector

Companies that intend to join in must hand over their Statement of Commitment signed by the Chair or the highest Administrative Authority within the company and/or its legal representative.

On How to Join In

The initial landmark of protective laws wasprecisely the Industrial Revolution, when the issueof labor exploitation reached its peak.

The history of child labor cannot be separated from apprenticeship.

The first apprenticeship contracts were signedin ancient times, in the craft guilds. Under thatmodel, workers joined a craft guild for thepurpose of learning something. It was a verydifferent model than the one provided for in theBrazilian law.

It was based on the idea of LEARNING BYWORKING.

DECREE-LAW No. 1.238/1939 - Provides for the creation ofprofessional training courses for workers, making itcompulsory for establishments with over 500 employees tooffer professional development courses for adults andminors;

DECREE-LAW No. 4,048/1942 - Creates the NationalApprenticeship Service for Industrial Workers - SENAI, whichis in charge of organizing and managing apprenticeshipschools for industrial workers throughout Brazil. Makes itcompulsory for industrial plants to cover the costs of SENAI'sschools through monthly payments collected by governmentand transferred to the National Apprenticeship Service.

Decree-Law No. 5,452/1943 - Consolidated Labor Laws - Createdthe obligation to hire a number of underage workers to be set bySENAI's National Council up to the limit of three percent (3%) of thetotal number of employers of all categories in service in eachestablishment. Art. 429

Decree-Law No. 9,853/1946 - Creates the National CommercialApprenticeship Service - SENAC

PROBLEM: Delegating to employers the task of setting the rules for hiring underage workers, both in terms of percentages and of courses.

RESULT: In many states, underage workers were not hired, and when they were actually hired, their number was insignificant.

Brazilian Federal Constitution of 1988

Consolidated Labor Laws (CLT)

Decree 5,598/2002

Other internal rules of the Brazilian Ministry of Labor and Employment (MTE)

It is a special labor agreement in writing and for aspecified period of up to two years under whichemployees are provided with methodical technical andvocational training involving theoretical and practicalstages established in an apprenticeship programdesigned by entities specializing in training and undertheir responsibility.

Underage apprentices

14 to under 18 years of age

Are given priority when apprentices are hired –

Brazilian Federal Constitution of 1988

Apprentices over 18 years

old

18 to under 24years of age

Compulsory hiring in thefollowing cases:

a) Night-time, dangerous or unhealthy work;

b) List of the worst forms of childlabor (Decree 6,481/2008 andILO’s Convention 182);

c) Activities that are incompatiblewith the physical, psychological or moral development of adolescentapprentices

The maximum limit of 24 years of age does not apply to apprentices with disabilities (PCD)

Regular labor contract

• Focus:Interest of theemployer

Apprenticeship Contract

• Focus: Vocationaltraining of apprentices

Apprenticeship

Employer Employee

Training entity

Triangular relationship

S System

Entities for state-owned enterprises

Priority

Does NOT requirevalidation from theMinistry of Labor

ESFL

Non-government organizations

Supplementary

Requires validation from the Ministry of

Labor

*NPE: Non-profitEntity

*S System: SENAI, SENAC, SENAT, SESCOOP, SENAR

* The employer cannot be the training entity.

APPRENTICESHIP PROGRAM (theory + practice)

Training entity

Must identify:*Training entity;* Name of the course,* Salary;* Working hours*Start and end date of the program;*Signature of the apprentice and of his/her legal representative, if he or she is underage

APPRENTICESHIP CONTRACT

Record in the employment card as apprentice

The youth must be enrolled at schoolor must have completed high school

Mandatory clauses:

Employer information Apprentice information Training entity Name of the course Salary Working hours Start and end date of the contract Signature of the apprentice and of his/her legal

representative, if he or she is underage, of the employer and of the training entity

End of the apprenticeship program

The apprentice cannot begin to take part in practical activities in the company before the start of the program

Start of theapprenticeshipcontract

Beginning of theapprenticeship program= =

End of the apprenticeship contract

The role of an apprentice in the company must beexactly the same one defined in the apprenticeshipprogram in which he or she is enrolled;

Involving the apprentice in activities that are aliento his or her agreed role means

non-compliance with the apprenticeship contract (art. 18 of Normative Instruction [IN] 97/2012)

MINIMUM quota: 5%

MAXIMUM quota: 15%

CALCULATION BASIS:

-Positions that require vocational training

-Criterion provided for in the Brazilian Classification of Occupations (CBO in Portuguese)

ELEMENTS EXCLUDED FROM THEBASIS OF CALCULATION

Technical and college-level positions*Technical Note (NT) 04/2005 - This is not a requirement

created by the company, but rather one contemplated in theBrazilian Classification of Occupations (CBO in Portuguese)

Management and managerial positions and positions oftrust.

Temporary workers hired under law 6,019/1973**NOT to be confused with employees hired forspecific periods

Apprentices already hired.

FREQUENTLY ASKED QUESTIONS:

Outsourced employees are included in the basis for calculating the quota of the employing company, not of the one that receives the outsourced employee.

Dangerous, unhealthy and night-time positions are included in the basis for calculating the quota if they require professional training according to the CBO

The quota should be calculated based on the total number of employees of a company, and not only based on part of the existing positions in the company.

Many lawsuits have been filed challenging the positions that should be considered in the basis for calculating the quota.

Better framework for the practical part of the apprenticeship

Quota: 1

Quota: 1

Quota: 1

Quota: 1

Quota: 10

The occurrence of centralizationmust be recorded in the employment card of the apprentice under Anotações Gerais (general records)

Centralization does not put an end to the link with the establishment of origin

The establishments involved must be compulsorily located in the same municipality

Head office Subsidiary

Subsidiary

Subsidiary

Subsidiary

Small businesses and microenterprises.

Non-profit entities focused on providing vocational training and on offering apprenticeship programs (art. 3, II of Normative Instruction [IN] 97/2012).

No obligation to hire apprentices is imposed on public agencies.

Public agencies should be required to hire apprentices to provide young people and adolescents with experience in the public services.

Coordinates practical exercises and monitors the activitiesof apprentices in theestablishment

Monitor

Employment card (CTPS)

Salary

Working hours

FGTS (Government Severance Indemnity Fund for Employees)

Vacation

Transportation vouchers

Meal allowance

Rights provided for in a Collective Bargaining Agreement (ACT) or ina Collective Labor Convention (CCT)

Apprentices have the right to an hourly minimum wage, unless a more favorable condition is offered to them.

Example: state-level wage floor or another wage floorcontemplated in a collective bargaining agreement

The working hours of apprentices are the ones established in theapprenticeship program

Usually, apprentices work from 4 to 6 hours a day.

The working hours of apprentices may not be extended or compensated under any circumstances, as this is not in accordance with the provisions of the apprenticeship contract

Apprentices under 18 years old are forbidden from engaging in night-time work

Theoretical and practical activities should be carried out according to a schedule which does not prevent apprentices under 18 years old from attending school; this includes the time required for them to travel to school and back.

Apprentice

2%

Non-apprentice

8%

Apprentices have the right to a 30-day annual vacation after each 12-month period of the contract

Absences from work in a year

Vacation in the year

Up to 5 absences 30 daysFrom 6 to 14 absences 24 daysFrom 15 to 23 absences 18 daysFrom 24 to 32 absences 12 days

If an apprentice does not take any vacation, he or shemust be compensated at the end of the contract.

Vacation

The vacation period of the apprentice should be specified in the apprenticeship program:

Under 18 years old

• Vacations must coincide with school vacation periods;

• Vacations cannot be divided into more than one period.

Over 18 years old

• Vacations must preferably coincide with school vacationperiods;

• Vacations can be divided into more than one period.

The apprentices have the right to transportationvouchers.

Company

• The company must cover the apprentice’s transportation costs, to the location of the apprenticeship course and to the company

For this purpose,the company candeduct 6% from the apprentice's wage.

The Apprentice is entitled to a 13th salary like any other employee.

Apprentices are entitled to social security protection, and the employers must pay their legal contribution to the Social Security Institute (INSS) for this purpose.

Employers: 12% of the salary per month Employees: 8% of the salary per month

Lapse of the contract

Apprentice reaches the age of 24

Death of a natural person employer

End of the company’s activities

Bankruptcy of the company

Except apprentices with disabilities (PCD)

Poor performance of the apprentice or his or her failure to adapt to the program

Serious disciplinary misconduct

Unjustified absence from school, leading to loss of a school year

Upon the apprentice’s request.

Evaluation report prepared by the training entity

Cases offair dismissal (art. 482 of the Consolidated Labor Laws)

Loss of a school year due to low grades does not imply interruption of the apprenticeship contract

If a company decides to hire an apprentice as a regularemployee for an indefinite period, it must wait until theapprenticeship contract is over to do so.

It will then sign an employment contract for an indefinite period (art. 10, paragraph 3 of Normative Instruction 97/2012)

Apprentices with disabilities (PCD) are only entitled to their apprenticeship quota. No overlapping of quotas is allowed.

At the end of an apprenticeship contract, if a company wishes to hire the individual in question as an employee for an indefinite period, then he or she will be entitled to the quota for apprentices with disabilities.

Email: marinalva.dantas@mte.gov.br

PHONE: +55 61 20316722