Criteria for Apprenticeships in Brazil

In Brazil, the labor law outlines specific criteria for individuals who can qualify as apprentices. According to Article 428 of the Consolidation of Labor Laws (CLT), apprentices must be adolescents or young adults aged 14 to 24. To be eligible, they must be currently enrolled in and attending school if they have not completed their Secondary Education. Additionally, they must be part of an apprenticeship program.

For apprentices with disabilities, the age limit is not applicable, allowing for greater flexibility in hiring (Article 428, §5 of the CLT). In regions where Secondary Education is not available, an apprentice may be hired if they have completed Fundamental Education, bypassing the requirement for school attendance (Article 428, §7 of the CLT).

In accordance with Article 227 of the Federal Constitution and the Child and Adolescent Statute (ECA), adolescents aged 14 to 18 are given priority for apprenticeship positions. However, exceptions apply under certain conditions:

1. When practical apprenticeship activities involve unhealthy or dangerous work without proper risk mitigation or simulated environments.

2. If the law mandates a license or authorization for activities that are not available to individuals under 18.

3. When the nature of the work is unsuitable for the physical, psychological, or moral development of younger apprentices (Article 11, items I, II, and III of Decree No. 5,598/05).

In cases where these conditions apply, the law mandates that the positions be filled by young people aged 18 to 24 or individuals with disabilities who are 18 or older (Article 11, sole paragraph of Decree 5,598/05). This ensures that apprenticeships are conducted in a safe and legally compliant manner, while also providing opportunities for a diverse range of candidates.

How to Select Apprentices

When choosing apprentices in Brazil, employers have the flexibility to make selections, provided they adhere to several key legal and ethical guidelines. Firstly, they must respect the constitutional principle of equality, ensuring that no form of discrimination occurs against fundamental rights and freedoms. Additionally, employers must follow the legal regulations related to apprenticeships, which prioritize adolescents aged 16 to 18. Furthermore, it's essential to align with the specific requirements and characteristics of each professional apprenticeship program.