Do young apprentices need to serve notice? What does the law say

Find out if the young apprentice needs to serve notice and understand the rights and duties when terminating the employment contract!

Are you in doubt whether the young apprentice needs to serve notice? It is common for many people to not know their rights and duties. So, to help you, we will explain in detail whether the young apprentice needs to serve notice or not. Check out!

Young apprentice must serve prior notice (Image: Disclosure/ Fornari Advogados Associados)

What is the Young Apprentice program for?

The apprenticeship program serves to prepare teenagers and young people, who have never worked, for the job market.

One of the main objectives is to offer employment opportunities to those who do not have experience, enabling the development of practical skills.

Furthermore, for companies, hiring young apprentices, as stipulated by the Apprentice Law, is an excellent chance to train a qualified workforce and adapt future professionals to their specific needs. 

This strategy allows companies to train new talent and prepare them to meet their own demands, while at the same time fulfilling an important social function.

How does the young apprentice dismissal work?

The young apprentice's termination occurs at the end of the apprenticeship contract, which has a maximum duration of two years, or earlier, if the apprentice completes the required workload. 

If the young person decides to leave before the end of the contract, they must notify the company in advance.

On the other hand, the company can terminate the contract for fair reasons, as long as it follows legal procedures.

Young apprentice must serve prior notice (Image: Disclosure/ Jovem Aprendiz CIEE)

Furthermore, the dismissal must be formalized with the delivery of documents and materials related to the apprentice's work. 

The process must be conducted in a transparent and respectful manner, ensuring that young people have their rights guaranteed and that the learning experience is positive.

Do young apprentices need to serve notice?

No, the young apprentice does not need to serve notice in accordance with the law. In Brazil, the apprenticeship contract is governed by specific rules that differ from conventional employment contracts. 

When the apprenticeship contract is terminated, the apprentice is not required to give prior notice, whether in the case of termination on the initiative of the young person or the company. 

Furthermore, it is worth highlighting that termination must be formalized in accordance with established rules, ensuring that all labor rights are respected.

What are the young apprentice’s rights after being terminated?

After dismissal, the young apprentice is entitled to some benefits and employment guarantees, as defined in the contract. 

Among your rights are the following:

  • Salary balance: you will receive payment proportional to the days worked in the month of termination;
  • Proportional holidays: you are entitled to holidays proportional to the time worked, plus 1/3 of the corresponding amount;
  • 13th proportional salary: you will receive the 13th salary proportional to the months worked in the year of termination;
  • FGTS (Service Time Guarantee Fund): the amount deposited in the FGTS account during the apprenticeship period must be released to the young person and can be withdrawn according to the specific rules for apprentices;
  • Program completion certificate: You must receive a certificate proving completion of the learning program, which may be useful for future job opportunities.

Finally, these rights guarantee that the young apprentice has a fair dismissal and that all benefits are correctly paid.

What are the duties of the young apprentice?

The young apprentice is responsible for complying with the clauses of the apprenticeship contract, which includes the workload and established activities. 

You must regularly attend theoretical and practical classes, perform the functions assigned by the company efficiently and adhere to internal regulations, maintaining professional and ethical behavior.

Furthermore, the young apprentice must demonstrate commitment to learning, showing interest and commitment to activities. These duties are essential to the success of the program and the development of the mentee.

Juliana Raquek
Written by

Juliana Raquek

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