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Regulation Of The Council Of Ministers Of 28 May 1996 On The Vocational Preparation Of Young And Their Remuneration

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 28 maja 1996 r. w sprawie przygotowania zawodowego młodocianych i ich wynagradzania

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REGULATION
THE COUNCIL OF MINISTERS

of 28 May 1996

on the professional preparation of juveniles and their remuneration

On the basis of art. 191 § 3 and art. 195 § 2 of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. (d) the following shall be managed:

Chapter 1

General provisions

§ 1. [ Professional preparation] 1. The professional preparation of the juvenile workers, hereinafter referred to as "juveniles", may take place by:

1) apprentia profession;

2) a paramount to perform a particular work.

2. The teaching of the profession is aimed at preparing a juvenile to work as a qualified worker or a journeyrer and covers the practical instruction of the profession, which is organized at the employer on the basis of the rules laid down in separate regulations, and theoretical training.

3. The apprentiment to perform a specific work is aimed at preparing a young person to work as an apprentised employee and may concern selected works related to the teaching of the profession referred to in § 6 par. 2 and 3.

§ 2. 1. The professional preparation of juveniles can lead to:

1) the employer,

2) the person leading the work establishment on behalf of the employer,

3) a person employed with an employer

-provided that they have the qualifications required of the practictive instruction of the profession, as defined by the provisions on the practical instruction of the profession.

2. Qualifications referred to in paragraph 2. 1, do not apply to employers on behalf of whom the professional preparation of juveniles is entitled to the workers concerned.

§ 3. The employer is obliged to conclude a contract with a juvenile in writing for a professional preparation, in accordance with the provisions of Article 4 (1) of the Rules of procedure. 195 § 1 of the Labour Code.

§ 3a. The employer shall inform the mayor (mayor, mayor of the city) of his or her place of residence if he is a young person and, in the case of a craftsman's employer, of the conclusion of the contract referred to in § 3, the employer shall also inform the competent authority of the the seat of the craftsman's seat.

§ 3b. Whenever the Regulation is referred to as "the craft of craft", it must also be understood if it supervise the course of professional preparation in the handicrafts of young workers under the authorisation of the Chamber artisan, according to the provisions of the Act of 22 March 1989. o handicraft (Dz. U. of 2002. No. 112, item. 979, of late. zm.).

§ 3c. Provisions of Paragraph 1 (1) 2, § 2, 3, 5, 8-10, § 11 (1) 6, § 14 and § 15 par. 3 relating to employers shall apply mutatis mutandis to employers who are artisans.

§ 4. The employer shall inform the juvenile or his/her carer and the school if the juvenile is in the form of a vocational training contract in the form of a vocational training in the form of a vocational training. a school as well as a craft house where the employer is a craftsman, in order to enable the juvenile continuation of the profession to continue in the current or near-occupation.

Chapter 2

Learning the profession

§ 5. [ Employment Agreement] 1. An employment contract for the professional preparation of a profession shall include an employer with a juvenile at the date of the admission of candidates to the essential vocational schools.

2. If the juvenile does not form part of an elementary vocational school, the contract of employment referred to in paragraph shall be provided. 1, may be concluded at another time.

§ 6. 1. The teaching of the profession lasts no longer than 36 months, subject to § 12.

2. The profession in which the profession is taught shall lay down the rules governing the classification of vocational education professions.

3. The vocational training of craftsmen may also take place in professions corresponding to the type of handicrafts concerned, not included in the classification of vocational education professions, as defined by the rules governing the classification of professions and the specialties for labour market needs.

§ 7. The employment of a juvenile trainee is only allowed for the work covered by the apprentictive programme.

§ 8. Employer employing a young person for the purpose of teaching:

1) implements a curriculum authorised for use in a school taking into account the curriculum of education in the professions defined in the classification of vocational education professions in the field of vocational education or pursues a programme to ensure fulfilment of the examination requirements laid down in the standard for the qualification of the qualification examination for the title of the journeyin the professions not included in the classification of vocational education professions, as defined in the classification provisions professions and specialties for the labour market;

2) ensure that the training persons of the juveniles have the qualifications referred to in § 2 (2) (a) of the 1.

§ 9. An employer employing a higher number of juveniles for the purpose of teaching a profession is likely to include, with his or her juvenile contracts of employment for a fixed period of time, but not less than the period of education specified in the the provisions referred to in § 6 (1). 2, or the period of education required to accede to the qualifying examination for the title of the journeyadder. The provisions of paragraph 8 (1) shall apply mutatis mutandis.

§ 10. 1. Employer employing juveniles for professional preparation in the form of a vocational training:

1) directs them to theoretical training for a basic vocational school, or

2) direct them to a theoretical education to a centre for training and professional development, or

3) organises theoretical training in its own field.

2. In the case of the organisation of theoretical training referred to in paragraph. The employer shall carry out compulsory educational activities within the scope of the theoretical vocational training provided for in the relevant programme referred to in paragraph 8 (1).

3. Young people employed in order to learn the profession and are trained in vocational education and training centres located in a different place than the place of residence and the place of work of young people, the employer can finance the costs of the directions and stay at the resort.

§ 11. 1. The knowledge and skills acquired by the juvenile during the course of the profession are checked during the examination.

2. The youth employed in an employer who is not a craftsman who is in an elementary vocational school is passed a certificate confirming qualifications in the profession in the field of qualifications extracted in the profession, and in the case of the profession more than one qualification has been extracted-examinations confirming qualifications in the profession of all qualifications extracted in this profession, in accordance with the provisions on conditions and modalities of assessment, classification and promotion students and students, and performing checks and exams in schools public.

3. The youth employed in a non-craftsman's employer who is at the centre of vocational education and training or the employer is in an externalized examination confirming the qualifications in the profession of qualification extracted in this profession, and where more than one qualification has been extracted in the profession, the exudinistic examinations confirming the qualifications in the profession of all qualifications extracted in that profession, in accordance with the provisions of on the Exsternistic exams.

4. The youth employed at the employer's employer shall take the qualification examination for the title of the journeyday of the examination boards of the craftsmen, in accordance with the rules governing the qualification exams for the titles of the trainees. the journeyadder and the master in the profession.

5. (repealed).

6. Employer employing juveniles:

(1) cover the costs of carrying out the examinations referred to in paragraph 1. 2-4, given within the first prescribed period;

2) may cover the costs of the correctional exam.

7. (repealed).

§ 12. 1. If a juvenile who is in an elementary vocational school has not received a promotion to a higher education class or has not completed a school, an employer, at the request of a young person, or a chamber of craft, at the request of a craftsman's employer and juvenile, may extend the duration of the profession, but not more than by 12 months, in order to allow the completion of school education and, in other justified cases, no more than 6 months.

2. Employer, at the request of a juvenile, and if the employer is a craftsman-the handicraft chamber, at the request of the employer of a craftsman and a juvenile, may consent to shorten the duration of the profession, however not more than by 12 months, if the juvenile does not form part of an elementary vocational school.

§ 13. Persons who have attained the age of age before the completion of the profession shall terminate this study under conditions defined for the juveniles.

§ 14. 1. In the event of discontinuing the profession and taking it in the same or similar occupation with the same or any other employer, the time of the former occupation of the profession shall be included in the period required for the preparation of a vocational preparation, if the apprentiment has not lasted for more than 12 months and, in the case of apprentiment, in addition to the apprentiment of the profession, in addition to the apprentiment.

2. The apprentice of practical instruction shall be carried out by the employer who accepted the juvenile in order to complete the apprentice, and the reckoning of theoretical subjects-to the extent practised during the period of professional preparation at the previous year. employers-shall be carried out by the operator of the theoretical vocational training of the juvenile at the time of his professional preparation again at the same time or in another employer.

3. The provisions of the paragraph. 1 and 2 apply to juveniles, respectively, who have entered into the profession on a different basis than a contract of employment for the purpose of professional preparation, but that they have not completed their studies.

Chapter 3

Adducer to perform a specific work

§ 15. [ Duration] 1. The arrival of a juvenile to perform a specific work may last from 3 to 6 months.

2. With regard to the juvenile participants of the Ochotty Hufców Labour Period fixed in the mouth. 1 may be extended until the completion of the gymnasium and last for a total of not more than 22 months.

3. The duration, scope and the program of training to perform a particular work shall be determined by the employer, taking into account the selected content of the curriculum taking into account the curriculum of the curriculum in the professions defined in the classification of professions vocational education or training programme for the fulfilment of the examination requirements laid down in the standards for the qualification of the qualification examination for the title of the journeyin the professions not included in the classification of the education professions. to be specified in the rules on classification of professions, and the specialties for the labour market.

§ 16. 1. The application to perform a specific work ends with the examination examination.

2. Young recruits in non-craftsmen shall submit the examination referred to in paragraph 1. 1, directly from their employers.

3. The youth employed in employers who are craftsmen shall submit the examination referred to in the paragraph. 1, before the examination board of the craftsmanship, on the basis specified by the Association of Polish Crafts.

§ 17. 1. If the result of the examination is positive, the employer or the craft chamber shall issue a certificate stating the acquisition of the proficiency in the performance of the work to which the appruse was concerned, and specifying its type, duration and obtained evaluation.

2. In the event of a negative result of the examination of the employer, and in relation to the employer of a craftsman's employer, the craft chamber shall determine for which period the adducer should be extended to perform the specified work, however, that the period shall not be More than 3 months.

§ 18. A juvenile who has completed an apprentiment to perform a specific work with a positive result and has undertaken the apprentiment covering the scope of the apprentiment to perform a particular work, shall include the period of apprentiment to the practical period of apprentiment.

§ 18a. Persons who have attained the age of age before the completion of the work to perform the work, shall end with the conditions laid down for the juvenile.

Chapter 4

Remuneration policies for young people

§ 19. [ Remuneration during the apprentiary period] 1. The youth during the period of instruction of the profession shall be entitled to a remuneration calculated in relation to the average monthly salary in the national economy in the previous quarter, valid from the first day of the following month following the announcement by the President of the Central Statistical Office in the Official Gazette of the Republic of Poland "Monitor Polski".

2. The percentage of the remuneration referred to in paragraph 2. 1, shall be:

1) in the first year of science-not less than 4%;

2) in the second year of science-not less than 5%;

3) in the third year of science-not less than 6%.

§ 20. At least 4% of the remuneration referred to in Paragraph 19 (1) shall be entitled to a minimum of 4% of the salary referred to in Paragraph 19 (2) of the basic salary. 1.

Chapter 5

Transitional and final provisions

§ 21. (bypassed).

§ 22. (bypassed).

§ 23. They are hereby repealed:

1) Regulation of the Council of Ministers of 12 October 1989 r. on the professional preparation of juveniles in socialised work establishments and their remuneration (Dz. U. Nr 56, pos. 332, 1990. Nr 60, poz. 346 and 1992 No. 102, pos. 519);

2) the Regulation of the Minister of Labour, Palace and Social Affairs of 30 December 1974. on the teaching of the profession and the apprentiation to perform certain works by juveniles in craftsmen of work establishments (Dz. U. Nr. 51, pos. 335, of 1982 No 17, pos. 130, of 1988 Nr 32, pos. 237, of 1990 Nr 56, pos. 332 and 1992. No. 103, pos. 525).

§ 24. This Regulation shall enter into force on 2 June 1996.