Education System Of Educational Internships - Creation - Full Text Of The Norm

Original Language Title: EDUCACION SISTEMA DE PASANTIAS EDUCATIVAS - CREACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
EDUCATION Act No. 26.427. The system of educational institutions is established within the framework of the national education system. Sanctioned: November, 26 of 2008. Cast: December, 18, 2008.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Trust the System of Educational Internships within the framework of the national education system for students of Higher Education (Chapter V, Law 26.206) and the Permanent Education of Youth and Adults (Chapter IX, Law 26.206) and of Vocational Training (Chapter III, Law 26.058), in all cases for persons older than DIECIOCHO (18) years to be fulfilled in private enterprises and public bodies, ARTICLE 2 It is understood as "educational policy" to the group of training activities carried out by students in public companies and agencies, or private companies with legal personality, substantively related to the curricular proposal of studies in educational units, which is recognized as experience of high pedagogical value, without a mandatory character. Article 3 The objectives of the educational internship system are to ensure that interns:

a. Deepen the valuation of work as an indispensable and dignifying element for life, from a cultural and not merely utilitarian conception;

b. Carry out complementary practices to their academic training, which enrich the curriculum proposal for their studies;

c. Incorporate knowledge, skills and attitudes linked to real situations in the world of work;

d. They acquire knowledge that contributes to improving their possibilities of employment;

e. Increase the knowledge and management of existing technologies;

f. They have tools that contribute to a correct choice or future professional orientation;

g. They benefit from the improvement of the training proposal, based on the link between educational institutions and the agencies and enterprises referred to in article 1 of this Act;

h. Progress in the process of guidance on potential specific fields of work performance.

ARTICLE 4 The objectives of the internship system will also aim to generate fluid mechanisms of connection between production and education, in order to interact with each other between the objectives of educational content and technological and productive processes. ARTICLE 5o To implement the system of educational internships, the authorities of recognized educational institutions and agencies will establish the design of a comprehensive pedagogical project of internships at the institutional level, as a framework for concluding agreements with the companies or agencies in which the system will apply. In the case of the agreements signed by educational institutions authorities, irrespective of their level and scope of dependence, the jurisdictional educational authorities must be notified in the course of the CINCO (5) working days after the signing of the agreement, in accordance with the procedure determined by the regulation. ARTICLE 6 In educational internship agreements, the following requirements must be found at least:

(a) Denomination, domicile and personage of the parties that subscribe it;

(b) Pedagogical objectives of educational internships in relation to studies among which postulants of internships will be convened;

(c) Rights and obligations of receiving entities of interns and educational institutions or agencies;

(d) Characteristics and conditions of the activities that integrate the educational internships and the profile of the interns;

(e) The amount and duration of the proposed educational internships;

(f) Scheme of assistance and licenses for examination, disease and accident for interns;

(g) Regime of intellectual property of creations and innovations resulting from the activity of the intern;

(h) Health coverage of emergencies by the company or organization and entity that will meet the commitments of Law 24.557 on Labour Risks;

(i) Tutorial training plans required;

(j) Time limit of the agreement and conditions of review, expiry, or extension;

(k) Nomin of persons authorized by signatory parties to subscribe to individual agreements for educational internships.

ARTICLE 7 The authorities of the educational institutions or agencies will inform the educational community of the agreements signed with public agencies or private companies, and will strongly communicate to students in advance of each call: the procedures, requirements, vacancies, allocation criteria and deadlines to apply to internships. Students will be able to access copies of the conventions on a simple request.

The criteria for the allocation of applicants to internships, based on objective guidelines, will be defined by the regulations, which will have the appropriate dissemination to preserve the equal opportunities of applicants.

ARTICLE 8 Students selected to perform internships shall sign an individual agreement with the signatories of the agreement, which shall contain the specific conditions of the educational internship. This agreement must be implemented in accordance with the rules of the convention. The text of this law and the reference agreement shall be annexed to the agreement, for the effective notification of the intern. Article 9 In the individual agreements of educational internships, the following requirements shall be established at least:

(a) Name and surname of the intern, number of CUIL and royal domicile;

(b) Denomination, domicile and personage of the institutional parties and data of the persons authorized to sign the agreement, in accordance with the agreement;

(c) Rights and obligations of the parties;

(d) Education internship scheme as set out in article 17 of this Act;

(e) Duration, timetable and place of conduct of the educational internship;

(f) Amount, date and place of payment of the stimulus assignment;

(g) Listing of tasks assigned to the intern;

(h) Scheme of assistance and licenses for examination, disease and accident for the intern;

(i) Regime of intellectual property of creations and innovations resulting from the activity of the intern;

(j) Name and last name and number of CUIL/CUIT of the tutors and teachers guides assigned by the parties referred to in Article 1 of this Law.

ARTICLE 10. Each educational institution or agency must keep the originals of the conventions, keep a record of the individual agreements of educational internships, structure a legajo for each intern, assign the guide teachers and supervise the fulfillment of the internship plans, giving special emphasis to the fulfillment of the formative aspects of the tasks of the interns. The performance of the teaching guide function will be incompatible with any rented position in the company or organization where the internship takes place. ARTICLE 11. Companies and agencies must retain the originals of the conventions and agreements that they subscribe in the terms of this law, for a period of CINCO (5) years after the completion of their validity; to keep an internal record of each of them, and to communicate them to the social security and tax agencies, in accordance with article 19 of Law 25.013, to designate guardians for educational internships that have specific working experience and capacity to plan, implement. ARTICLE 12. Educational internships do not originate any kind of employment relationship between the intern and the company or organization in which they develop. This figure may not be used to fill vacancies or create new employment or to replace staff of public or private companies and agencies.

If after the educational internship the person is hired for unspecified time, the probationary period of article 92 bis of the Labour Contract Act cannot be used.

ARTICLE 13. The duration and time burden of the educational internships are defined in the agreement mentioned in Article 6o, depending on the characteristics and complexity of the activities to develop, for a minimum period of DOS (2) months and maximum of DOCE (12) months, with a weekly time load of up to VEINTE (20) hours. Once the deadline is set, an educational internship vacancy may be renewed in favour of the same intern, for up to SEIS (6) additional months, a new individual agreement must be signed between all parties, in accordance with Article 9 of the present. ARTICLE 14. The activities of educational internships are carried out at the facilities of companies or agencies, or at the places where they are available depending on the type of work to be carried out. These areas have to meet the conditions of hygiene and safety provided for in Act No. 19.587 HiLaw on Hygiene and Occupational Safety. and its regulations. In addition, companies or agencies must obligatoryly incorporate interns into the scope of the Law 24.557 LeLaw on Labour Risks. and its regulations, and credit them to the corresponding educational unit. ARTICLE 15. Interns receive a sum of non-remunerative money as a stimulus allowance, which will be calculated on the basic salary of the collective agreement applicable to the company, and which will be proportional to the time burden of the internship. If there is more than one applicable agreement, the most favourable agreement will be taken into account for the intern. For activities that do not have collective agreement, it will apply for the calculation of the stimulus allowance, the minimum, vital and mobile salary, in proportion to the time burden of the internship.

Interns receive, according to the characteristics of their activities, all the regular benefits and licenses that are agreed upon to staff as specified in the regulations. The intern should also be given health coverage, the benefits of which will be provided for in Law 23.660 Le Law on Social Works ..

ARTICLE 16. The administrative costs related to the implementation of the educational internships, if any, cannot be charged in whole or in part to the stimulus allocation of the intern; it is established for these expenses, a maximum cap of a CINCO per CIENTO (5 %) of the value of the stimulus assignment. ARTICLE 17. The teacher guides the educational institution and the guardian by the agency or company, within the framework of the provisions of Article 5, develop jointly, a work plan that determines the educational process of the student to achieve the pedagogical objectives. This plan is incorporated into the individual legajo of each intern, who works in the institution or educational agency, as set out in article 10, and will be faithfully notified to the intern. ARTICLE 18. The implementation of the educational internship plan, its control and evaluation is the responsibility of the guide teachers and the tutors, who will produce periodic reports, which will be incorporated into the individual legajo of each agreement established in Article 10. At the end of TREINTA (30) days after the completion of the educational internship, the appointed tutors must refer to the educational unit a report with the evaluation of the intern's performance. The signatory parties shall extend in all cases to the interns an educational internship certificate containing the duration of the internship and the activities carried out; also at their request, certificates of the functions performed to the guide teachers and the tutors shall be extended, indicating the number of interns and the time of dedication. ARTICLE 19. The Ministry of Labour, Employment and Social Security will counter the enforcement of this law with regard to companies and agencies so that their objectives are not altered. In the event of failure by the company to comply with any of the requirements or characteristics that make this special relationship an educational internship will lose its character and will be considered an undetermined employment contract. In that case, they shall govern all appropriate penalties and compensation for the unregistered employment relationship.

Attempt for the exceptional character of this regime, in case of doubt it will be understood that the relationship between the student and the company or agency is of a working nature, applying the regime of Law 20,744 and complementary.

ARTICLE 20. The Ministry of Education, within the Federal Council of Education and the Council of Universities, and with the participation of the National Institute of Technological Education, where appropriate, will have a unified record of the agreements signed by the institutions and educational agencies that participate in the system, will organize mechanisms for technical support, for the training of guide teachers and for the control of the implementation of the pedagogical objectives of the internships, insofar as they are concerned. It will regularly carry out, in accordance with the above-mentioned councils, the conduct of sample controls that will allow the management of educational internships to be fully improved. Controls should also be made with regard to allegations of irregularities in the performance of educational internships and the responsibilities of the parties involved. ARTICLE 21. Companies and agencies will have a maximum quota of interns, which the Ministry of Labour, Employment and Social Security will set through the corresponding regulation, a quota that will be proportional to the size of the company and to the number of guardians that it assigns. ARTICLE 22. . Default of Law 25.165 Le Law on Educational Internships., Article 2 of Law 25.013 . Law on Labour Reform Labor, Decree 340/92, Decree 93/95, and its regulatory and complementary regulations, and Article 7 of Decree 487/2000. ARTICLE 23. Transit clause. Internship contracts that are in force at the time of the promulgation of this law shall be in conformity with their requirements under the terms of CIENTO OCHENTA (180) days, except in respect of article 13, on the duration of educational internships, which shall be fulfilled until the end of the originally signed period, not being able to be renewed or extended. (Note Infoleg: by art. 15 of the Joint resolution No. 825 and 338/2009 the Ministry of Labour, Employment and Social Security and the Ministry of Education B.O. 27/10/2009 clarifies that the OCHENTA SCIENTA (180) days established by this article are administrative staff. Watch: the first business day of the month following that of its publication in the Official Gazette) ARTICLE 24. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTISEIES OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL OCHO.

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JULY C. C. COBOS. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.