Interns Vs. Apprentices in Venezuela

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

@LeoncioPablo