Apprenticeships and vocational training in labor law in the Kuwaiti private sector
Apprenticeships and apprenticeships
Chapter Two of the Labor Law in the Private Sector No. 6 of 2010 regulates apprenticeships and vocational training in Articles 12 to 18 of 2010, as follows:
Article (12) of it stipulates that: “Every person who has completed fifteen years of age who contracts with the facility with the intention of learning a profession within a specified period shall be deemed to be a professional student in accordance with the conditions and rules agreed upon, and as long as there is no special provision in this chapter, they shall apply to Apprenticeship contract provisions for employing minors mentioned in this law.
It is also learned from this text that the essence of the apprenticeship contract is: to learn a profession within a specific period, education is the primary purpose of the contract, and not to perform work for the employer and receive a wage, as these are two secondary elements in relation to the main element of the contract.
Hence, the apprenticeship contract is not considered a work contract, and the vocational apprentice is not considered a worker. Paragraph (3) of Article (1) of the Labor Law defines a worker as every male or female who performs manual or mental work for the benefit of the employer and under his management and supervision in return for a wage.
However, the difference in the apprenticeship contract from the work contract does not prevent the provisions of the labor law from being applicable to it, with the exception of provisions that are inconsistent with the nature of this contract, and Article (12) explicitly states that: “As there is no special provision in this section, it applies to the apprenticeship contract. Professional provisions regarding juvenile employment mentioned in this law ”, noting that the provisions for juvenile employment mentioned in the Labor Law require that:
It is prohibited to employ persons under the age of fifteen calendar years (Article 19);
It is permissible - with the permission of the Ministry - to employ minors who have reached the age of fifteen and have not reached the age of eighteen, provided that their employment is in industries and professions other than hazardous or harmful to health (for which a decision is issued by the Minister), and on the condition that a medical examination is signed on them before their employment, and after that in Periods not exceeding six months (Article 20);
And that the maximum working hours for juveniles are six hours a day, provided that they do not work for more than four consecutive hours followed by a rest period of not less than an hour, and it is prohibited to employ them for additional working hours or on weekly rest days and official holidays or from seven in the evening until six in the morning (Article 21).
The apprenticeship contract differs from the work contract, and it is also different from the probationary work contract. The purpose of the apprenticeship contract is to teach the student a profession, while the probationary period is aimed at exploring the knowledge of the worker and exploring the extent of his competence and suitability for the job he is applying for.
The apprenticeship contract also differs from the training period. For example, some legislations require graduates of law or medicine colleges to spend a training period before they are licensed to practice the profession of law or medicine, as during the training period a university graduate is trained on what he previously learned in his university, while professional apprenticeship aims to teach the student a profession Or a specific craft or craft.
Also, apprenticeship differs from the practical training period required by some practical colleges, as it teaches its students theoretical curricula and obliges them to spend a certain number of hours in one of the factories, workshops or facilities related to the subject of their studies, and the purpose of which is to teach them the practical application of the curricula that they learned theoretically in their faculties, But it does not aim to teach them a profession, a trade, or a craft.
Finally, the apprenticeship contract, which aims to teach the student the assets of his work in a specific field, differs from the vocational training contract, which aims to raise the level of the trainee worker and update his information in what is new in his branch of specialization.
Article (13) of the same law stipulates that: “The apprenticeship contract must be in writing and drawn up in three copies, one for each of the two parties, and the third shall be placed in the competent authority in the Ministry within a week for ratification. The contract shall specify: the profession, the period of learning it, and its stages. The remuneration is progressive in each stage of education, provided that the last stage is not less than the minimum wage for the equivalent worker. Under no circumstances may the remuneration be determined on the basis of production or piece.
Hence, the law required fixing a reward for the student (which is like a wage), but the law prohibits determining the reward on the basis of production or piece, highlighting the educational nature of holding apprenticeships for normal employment. The reward is gradual with the gradual progression of the stages of education, and it is evident that the reward in the first stages is low in that it carries the meaning of "encouragement" more than it bears the meaning of "return", then it gradually increases as the student moves from one educational stage to another higher stage, and in the final stage From vocational education, the law stipulates that the pupil’s remuneration should not be less than the minimum wage for similar work.
If the employer does not specify a reward for the vocational student, then the vocational student deserves to be rewarded according to the profession's custom or the requirements of justice, guided by what was stated in the third paragraph of Article (55) of the Labor Law.
Article (14) of the aforementioned law also stipulated that: “The employer may terminate the apprenticeship contract if the student breaches his duties arising from the contract, or it is proven from his periodic reports that he is not ready for education. The student may also terminate the contract, and the one who wants to terminate the contract notifies the other party of his desire to do so at least seven days before.
Vocational training
Article (15) of the Labor Law regulates the issue of vocational training, stating that: “Vocational training means: the theoretical and practical means and programs that provide workers with the opportunity to develop their knowledge and skills and gain practical training to refine their capabilities and raise their productive efficiency, prepare them for a specific profession or transfer them to another profession, and training shall take place. In institutes, centers or facilities that achieve this purpose.
Article (16) of the same law stipulates that: “The minister - in cooperation with the competent academic and professional bodies - determines the conditions and conditions necessary for their availability to hold vocational training programs, the limits set for the duration of training, theoretical and practical programs, the system of tests and certificates given in this regard, and the data that are recorded therein. . This decision may include requiring one or more establishments to train workers in centers or institutes of another establishment if the first establishment does not have a training center or institute.
Article (17) of the aforementioned law stipulates: “The establishment subject to the provisions of this chapter shall pay the worker his full wages for his training period, whether inside or outside the establishment.”
Article (18) of the Labor Law states that: “The vocational student and the trained worker shall work - after the end of his education or training period - for the employer for a period similar to the period of apprenticeship or training, with a maximum of five years. If this obligation is violated, the employer may recover from him the expenses he incurred for his education or training in proportion to the remainder of the period to be spent at work.
What is the definition of apprenticeship?
An apprenticeship contract is a contract entered into by a person who has completed fifteen years of age, with an establishment, with the intention of learning a specific profession, within a specified period, and the contract is concluded in accordance with the conditions agreed upon between them. And while there is no special provision in Chapter Two of the Labor Law, the provisions relating to the employment of minors mentioned in this law shall apply to the apprenticeship contract.
It follows from this definition that the essence of the apprenticeship contract is: “To learn a specific profession within a specified period.” Education is the primary purpose of the contract, and not to perform the work for the employer and receive a wage. These are two secondary elements to the main element of the contract.
Does the training coming from the university fall under the definition of apprenticeship?
A vocational apprenticeship contract aims to teach the professional student the principles of work in a specific field (both theoretical and practical and applied), and in this way it differs from the practical “training period” required by some practical colleges, as it teaches its students theoretical curricula and obliges them to spend a certain number of hours in one Factories, workshops, or facilities related to the subject of their studies, and the aim of it is to teach them the practical application of the curricula that they learned theoretically in their colleges, but it does not aim to teach them a profession, a trade or a craft. Therefore, training coming from the university does not fall under the concept or definition of apprenticeship.
What is meant by the phrase in Article (13) related to remuneration, which states: “… the reward is gradual in every stage of education, provided that it is not less than in the last stage the minimum wage for similar work”?
The Labor Law requires the determination of a reward for the vocational student (which is equivalent to a wage), but it prohibits determining the remuneration on the basis of production or piece, highlighting the educational nature of the apprenticeship contract for the normal employment contract.
The reward is gradual with the gradual progression of the stages of education, and it is evident that the reward in the first stages is low in that it carries the meaning of "encouragement" more than it bears the meaning of "return", then it gradually increases as the student moves from one educational stage to another higher stage, and in the final stage From vocational education, the law stipulates that the pupil’s remuneration should not be less than the minimum wage for similar work.
If the employer does not specify a reward for the vocational apprentice, then the vocational student deserves to be rewarded according to the custom of the profession or the requirements of justice, guided by what is stated in the third paragraph of Article 55 of the Labor Law.
Should the company give the incoming trainee through the university a reward for his training period?
The company should not give the trainee coming through the university a reward for his training period.
According to Article (13), does the company have to sign a contract with the trainee or with the entity that sends the trainee (university / institute / any other party)?
The company does not have to sign a contract with the trainee, but rather a contract is made with the sender (university / college / institute / any other party), in which the numbers of trainees are determined, and an appendix containing a list of their names (if possible) is attached to it, in which all issues related to The training, its quality and duration, and the trainee handing over a certificate of the period in which he is trained and all the data related to his training (or what proves that the trainee has spent the hours of training required by his college or institute), and whether the company’s reception and training of trainees will be served by it to its community and its citizens (and to attract competencies from them to work for it in the future. ), Or it will be in exchange for cash, and in the latter case an estimation of that consideration owed to the company and the dates for its payment, and determining the penalty for delay or default ... etc.
This and God knows best and highest,,,,
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