Legal Framework
Legal Framework
Tools and resources to understand the main regulations at the European and national levels on long-term mobility for apprentices
Embedded Files
Introduction
Introduction
This chapter contains useful information and tools related to the regulations governing apprenticeships and the long-term mobility of apprentices at the European and national levels.
Aim
Aim
When you plan to apply for a long-term mobility opportunity for apprentices (i.e. from 3 to 12 months), regardless of whether you are a company or an apprentice, it is important to check the European and national regulations that apply to you. The following tools enable companies and apprentices, and in particular people in charge of managing these types of experiences, to understand the set of laws that regulate the subject.
Description
Description
Apprenticeships are regulated by national laws and countries have their own specific definitions, processes and tools for managing and implementing apprenticeships.
Most European countries have apprenticeship schemes, which have a stable/valid legal basis and are mainstreamed at a systemic level. They are fundamentally different in their strategic function and purpose, with implications for the way they are defined and placed within national education and training systems.
We can say that every apprenticeship scheme has the following common features:
- compulsory learning and/or working in a company, whether in combination or not, with learning at a provider of education and training services
- contractual link between the learner and the company.
In Europe, there are two main categories of apprenticeship:
(a) Apprenticeships as an education and training system, which provides people with comprehensives skills and abilities in a specific vocation (clear and established
education and training function).
(b) Apprenticeships as a method to deliver VET within the formal VET system, which provides another way to deliver VET in order to obtain formal VET qualifications by
bringing people into the labour market (mixed education and employment functions).
The European Commission strongly recommends the long-term mobility of apprentices as a key experience in developing transversal skills and in improving employability. In recent years, long-term, transnational mobility opportunities have become a key policy initiative in apprenticeship schemes for the European Commission. Despite this strong commitment, cross-country mobility opportunities for apprenticeships have still not been sufficiently implemented.
EU legislation takes the form of:
- Treaties establishing the European Union and governing the way it works
- EU regulations, directives and decisions - with a direct or indirect effect on the EU Member States.
From the legal point of view, the European Commission, the European Parliament and the European Council support transnational mobility opportunities for apprentices through:
- Directives and recommendations
- Funding programmes
The recommendations and Directives define the rights, strategic guidelines and standards for improving the opportunities for apprentices in general. The financing programmes provide EU Member States and organisations with resources to implement long-term mobility opportunities for apprentices and VET learners.
Resources
Resources
Tools for finding the EU legislation in effect
EU law (EUR-Lex)
This is an EU law platform containing documents (directives, regulations, decisions, international agreements and other acts) in different languages
https://eur-lex.europa.eu/advanced-search-form.html?locale=en
Most recent legislative documents
This is a selection of the latest legislative documents available on EUR-Lex
Summaries of EU legislation
This is an overview of legislation by subject area
EU directives and recommendations on apprenticeships
Council Declaration of 15 October 2013
The Council Declaration of 15 October 2013 established the European Alliance for Apprenticeships through which a large number of governments have submitted concrete commitments on the next steps to increase the quantity, quality and supply of apprenticeships.
https://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/lsa/139011.pdf
Directive 2014/54/EU
DIRECTIVE 2014/54/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 April 2014 introduces measures to facilitate the freedom of movement for workers (and apprentices) in the EU.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32014L0054&qid=1636624799936
Council Recommendation 15/03/2018
The COUNCIL RECOMMENDATION of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships defines some criteria for effective, quality apprenticeships that the Member States should implement.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32018H0502%2801%29
Funding Programmes
Erasmus+
Erasmus+ is the EU's programme to support education, training, youth and sport in Europe.
https://erasmus-plus.ec.europa.eu/about-erasmus/what-is-erasmus
European Social Fund
The European Social Fund Plus (ESF+) is the European Union (EU)’s main instrument for investing in people.
https://ec.europa.eu/european-social-fund-plus/en
Youth Guarantee
Member States' commitment to ensuring that all young people under the age of 25 years receive a good-quality offer of employment, continued education, an apprenticeship or a traineeship within four months of becoming unemployed or leaving formal education.
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=LEGISSUM%3A1703_1&qid=1636628181069
Relevant Articles
Council recommendation for Youth Guaratee
Programme Guide Erasmus+
https://erasmus-plus.ec.europa.eu/programme-guide/erasmusplus-programme-guide
Contractual rules
Contractual rules
Legal criteria and EU Legislation to understand the main programmes and procedures in order to apply for long-term apprenticeship mobility opportunities at the European level
Introduction
Introduction
This section contains an overview of the legal requirements for SMEs to develop the process of long-term mobility of apprentices.
In addition, some specific elements that can be found in various combinations in existing apprenticeship systems are also examined.
Aim
Aim
Since apprenticeships result in technical, transversal and soft skills that employers in Member States are looking for, it is worth looking at the overall European framework. The goal is to be able to develop and expand the supply of apprenticeships.
Therefore, the main objective is to find out what legal success criteria the various employers, especially SMEs, can adopt to develop effective and quality apprenticeship opportunities.
Description
Description
Apprenticeships, nowadays, are an important placement opportunity for people at the European level and, therefore, are useful in alleviating unemployment. It should be pointed out that each European Union Member State has its own specific rules on apprenticeships.
However, the European Union has tried to find aspects that could be applied across all Member States in order to create some kind of common alignment across the Union.
Nevertheless, while there are EU countries that have implemented apprenticeship programmes effectively, there are other countries in which apprenticeships have not been very successful.
European SMEs usually do not have structures in place to employ apprentices and the value proposition is not always clear to SMEs. The main objectives of the “Supporting Apprenticeships between Professional Higher Education & Small and Medium Enterprises (SAPS)” project are to improve SME perceptions of hiring apprentices.
But what are the practical, easy-to-use management criteria for SMEs to ensure the quality of apprenticeships and the beneficial cooperation of all parties? On 5 October 2017, the European Commission published a proposal for a Council Recommendation on Quality and Effective Apprenticeships. This was followed by the Council Recommendation on a European Framework for Quality and Effective Apprenticeships (EFQEA) in 2018.
Before coming to 2018, it should be pointed out that two years earlier, in 2016, the European social partners and Member States adopted an Opinion on the framework of the Advisory Committee on Vocational Training (ACVT). This opinion was adopted in the famous “A shared Vision for Quality and Effective Apprenticeships and Work-Based Learning”.
Trade organisations (BusinessEurope, CEEP, ETUC, UEAPME) examined the cost- effectiveness of apprenticeships, while the European Trade Union Confederation focused on the quality of apprenticeships.
All the work done by European social partners and the ACVT’s Opinion provided a substantial part of the input to the proposal for a Council Recommendation.
In this Recommendation, the framework provides a total of fourteen criteria for defining effective, quality apprenticeships. These criteria ensure both the development of work-related skills and the personal development of apprentices. Furthermore, they are addressed to both apprentices and employers, such as SMEs.
These criteria are in line with national or sectoral requirements and collective agreements.
However, it should be noted that the diversity of vocational education and training (VET) systems in the EU has been taken into account and that Member State skills in the field of VET are respected.
The first seven criteria cover the learning and working conditions:
- Written contract: An apprenticeship should be based on a written contract between the employer, the apprentice, and the vocational training institution.
- Learning outcomes: Comprehensive learning outcomes should be defined by employers and vocational training institutions. Therefore, this is another key criterion that manages the role of employers as they must ensure both work-related skills development and vocational development.
- Pedagogical support: In-company trainers should have the skills to collaborate closely with VET providers and teachers. This is because it is crucial to keep up to date with their skills.
- Workplace component: At least half of the length of the apprenticeship should be spent in the workplace, and there should also be the chance of mobility opportunities abroad. This is a criterion that applies to both employers and apprentices.
- Pay and/or compensation: In this case, it is made clear that apprentices should receive remuneration and/or compensation. Cost-sharing agreements between employers, apprentices and public authorities should be taken into account.
- Social protection: apprentices should be entitled to social protection, including insurance coverage
- Work, health and safety conditions: the host workplace should comply with relevant rules and regulations on working conditions, especially regarding health and safety legislation.
Then, we have the criteria for framework conditions:
- Regulatory framework: there should be a regulatory framework that is clear and consistent. Moreover, it must be based on partnerships and transparent dialogue between all stakeholders.
- Involvement of social partners: Social partners, including at the sectoral level, should be involved in the design, governance and implementation of apprenticeship programmes.
- Support for companies: Financial and/or non-financial support should be provided to companies, and in particular small, medium and micro enterprises.
- Flexible programmes and mobility opportunities: There should be flexible entry requirements and there should be opportunities for education and training. Transnational mobility is essential and should be part of the apprenticeship programme.
- Career guidance and raising awareness: Career guidance, mentoring and learner support should be provided to ensure a successful outcome and to reduce the risk of dropping out.
- Transparency: transparency and access to apprenticeship opportunities should be guaranteed in all Member States.
- Quality assurance and graduate tracking: there should be quality assurance of apprenticeships and the employment and career progression of apprentices should be monitored so that their progress can be followed from the beginning.
Therefore, it is up to each Member State to develop appropriate instruments and policies based on these criteria.
Resources
Resources
Websites
Specifically, to find the treaties currently in effect and the founding treaties to regulate working conditions (see Article 153 (2) and Article 153 (1) point b of the Treaty on the Functioning of the European Union – TFEU).
To access EU legal acts, including regulations, directives, decisions, recommendations and opinions.
Relevant Articles
Joint Declaration establishing the European Alliance for Apprenticeships on 2 July 2013
Joint Statement “Towards a Shared Vision of Apprenticeships”
A shared Vision for Quality and Effective Apprenticeships and Work-Based Leaning
EESC Opinion: European Framework for Quality and Effective Apprenticeships
Tips – Major Notions
Tips – Major Notions
Apprenticeships are regulated internally by the different legal systems in the Member States. However, there are some elements which are present, to varying degrees and in different combinations, in existing apprenticeship systems.
Firstly, it should be pointed out that an apprentice is contractually bound to the employer and receives remuneration, as the above-mentioned criteria also state. In addition, the apprenticeship position is regulated in a legal framework. The employer is the party responsible for the business part of the programme.
Roles and responsibilities of key actors (the State, employer organisations, trade unions, chambers of commerce, schools, VET providers, companies) at the national, regional and local levels (regional and local levels are clearly defined and distributed).
In addition, employer organisations and trade unions are actively engaged at all levels.
However, there is a kind of cooperation between learning venues. There is co-operation, co-ordination and a clear distribution of responsibilities between the different locations.
A school, a company and an apprentice develop a training plan together, based on the curriculum.
When a company cannot ensure the acquisition of all required learning outcomes, there are arrangements to compensate for this (e.g. inter-company training centres, cooperation between companies).
The issue of supporting participation in companies is also crucial.
Firstly, the rights and obligations of companies offering training are laid down in law.
It should be borne in mind that:
- There are strategies and initiatives to marketing apprenticeships and informing companies of the advantages of taking on apprentices, their responsibilities and the incentives available.
- There are some minimum requirements for companies wishing to offer apprenticeships, apprenticeship positions and/or an accreditation procedure.
Crucially, companies, especially SMEs, receive non-financial support to implement apprenticeships.
However, there is also recognition and rewards for companies that provide quality apprenticeships.
From a financial point of view, the State is responsible for financing vocational training institutions and/or paying subsidies to hire apprentices.
In addition, it should be pointed out that there are incentives (subsidies, tax deductions) to encourage companies to take on apprentices, in general and/or in specific vocational sectors.
The European Quality Charter for Traineeships and Apprenticeships establishes the basic quality principles for traineeships and apprenticeships in order to become a valuable and quality experience throughout Europe.
People have a right to quality opportunities. Indeed, there are necessary standards to ensure that traineeships and apprenticeships are truly quality experiences. The Quality Charter states that there are three key elements:
- Learning content
- Rights
- Remuneration
This Quality Charter has been used as an advocacy tool to influence institutional processes on quality transitions. Furthermore, it was also used to initiate a conversation with employers and encourage them to provide quality opportunities for young people.
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