Interns Vs. Apprentices in Venezuela
Por Leoncio Pablo Landáez*
Versión en español: CLICK AQUÍ
In accordance
to 2012 Venezuelan Labor Law, Interns are not considered workers; however, that
does not forbid the granting
of a financial contribution to facilitate their training in Social Work Process.
This conception of No Labor
Relationship already had been applied since 2009, by decision of the Venezuelan
Supreme Justice Tribunal stating that Internships do not create rights or
obligations of employment (Douglas Mendoza vs. Asamblea Nacional – 10/16/2009).
However, both of the mentioned
criteria of 2009 and the 2012 Labor Law establish that there will be employment
relationship once the Internship is completed, if the service provider continues
to work in the Organization.
The time in which the service
provider is not worker, by pursue Internships, will depend on the educational
institution that postulates the Intern through a Training Plan, which would
vary depending on the institution that is attending and his/her mayor; so it
also understood that the learning process is determined.
While the relationship between
the Intern and the organization is not labor, the Intern must observe a
timetable, comply with standards of discipline, rules of work, and follow the
instructions during the process of teaching - learning.
Unlike Interns, Apprentices are
considered workers since the beginning of their learning. The labor
relationship is considered short timed, becoming long time relationship if
he/she continues to provide services after the learning program.
Another obvious difference is
that the Apprentices are catalogued by their age range: 14 to 18 years old.
Apprentices are submitted by
the INCES (National Institute of Socialist Training), where the Employer is obligated
of receiving them to employ them and train them; and even if they are
considered workers from the beginning of his teaching-learning process, historically
their minimum wage has always been below the wage decreed by the National
Executive for ordinary workers.
We can also conclude that as
workers and as adolescents, Apprentices are regulated by the special regime of
adolescent workers, states by the Children and Adolescents Law (LOPNNA) by
which all labor contracts must adapt to their particular needs with regard to
schedule, classes, calendar and school holidays, including the right to 22 days
of pay vacation and a working day of 6 hours, among others.
*Partner at Landáez & Arcaya. Abogados-Consultores
Professor at Universidad de Carabobo
leoncio.landaez@landaez.com
