Dismissal of a Young Apprentice: rights and duties to be fulfilled

A dismissal of Young Apprentice It's always a popular topic. With this in mind, throughout this content we have brought the main information regarding dismissal of Young Apprentice, such as the rights and duties to be fulfilled, in addition to many others. Follow us to check it out!

Can you fire a young apprentice before the contract ends?

The apprenticeship contract may be terminated early in the event of the closure of the company's activities, the death of the employer or the company's bankruptcy. 

In these cases, in addition to severance pay, the apprentice is entitled to compensation of 50% of the remaining value of the contract, in accordance with article 479 of the CLT. 

The learning contract has special conditions, and termination can also occur due to force majeure or agreement between the parties, with all rights being respected and paid.

What does the apprentice receive if they resign during the trial?

If you decide to resign during the trial period, you will be entitled to receive a salary proportional to the days worked, proportional holidays and, if applicable, a proportional thirteenth salary.

However, it is important to remember that, in this case, you will not have access to the FGTS withdrawal, the indemnified notice, nor the termination fine of 40%. 

Generally, these benefits are only granted in situations of employer-initiated dismissal.

Rights of the Young Apprentice upon dismissal

When a young apprentice is dismissed, the rights to be guaranteed are specified in the Consolidation of Labor Laws (CLT) and in specific regulations for apprentices. 

If the dismissal occurs without just cause, the apprentice is entitled to receive the corresponding severance pay, which includes:

• Salary: the apprentice must receive a salary proportional to the days worked in the month of termination. This amount must be paid at the time of dismissal;

• Proportional holidays: the apprentice has the right to receive the amount corresponding to holidays proportional to the period worked, plus a constitutional third;

• 13th Proportional Salary: the 13th salary must be paid in proportion to the time worked during the year of termination;

• FGTS (Service Time Guarantee Fund): the employer must deposit the FGTS for the period worked.

Attention! If dismissed without just cause, the apprentice has the right to withdraw the accumulated FGTS, in addition to receiving a fine of 40% on the total amount deposited, except in cases of termination for just cause.

In addition, apprentices are also entitled to compensation of 50% (Art. 479 of the CLT). If the termination occurs due to the closure of the company's activities, the death of the employer or the company's bankruptcy, the apprentice is entitled to compensation corresponding to 50% of the amount that would still be paid until the end of the contract.

Duties of the Young Apprentice 

In addition to the guaranteed rights, the young apprentice also has duties to fulfill during the dismissal process:

• Formalization: the apprentice must communicate his/her departure to the company formally, preferably in writing, and comply with the established procedures;

• Return of belongings and equipment: if the apprentice has received equipment or materials from the company, they must return them in the condition in which they were delivered;

• Compliance with the notice period: the apprentice may be required to serve a period of notice. This period must be respected, except in situations where the company and the apprentice reach a different agreement.

How to calculate the amount you will receive if you resign?

To calculate the total amount to be received upon termination of the contract, you must consider the proportional salary for the days worked in the month of dismissal, proportional vacations plus 1/3 and the 13th salary proportional to the period worked in the current year.

Also, don't forget to calculate the value of unpaid overtime. To do this, multiply the total overtime worked by the overtime value.

With this information, you can stay up to date with all of the apprentice's rights and duties in the event of dismissal.

Written by

Juliana Raquek