Apprentices are entitled to financial support in order to guarantee their learning process. The amount of support, in accordance with article 30 of Law 789 of 2002, is defined based on the unemployment rate, as follows:
The support for the support during the practical phase will be equivalent to seventy-five percent (75%) of a current legal monthly minimum wage. The maintenance support during the practical phase will be different when the national unemployment rate is less than ten percent (10%), in which case it will be equivalent to one hundred percent (100%) of a current legal minimum wage ”.
It is clear that the amount of support can vary between 75% and 100% of a current legal monthly minimum wage “SMLMV”, according to the unemployment rate.
As reported by DANE, on January 31, 2020, the average unemployment rate for 2019 in Colombia was 10.5%. This increase, from a general perspective, implies the need to make adjustments to the amount of support to support apprentices , so that they are no longer 100% of the SMLMV, but 75% of the SMLMV.
In addition, SENA reported, through circular 1-8080 of January 3, 2020, that the apprenticeship contracts that began prior to January 31, 2020 must benefit from the agreed percentage by the parties to the learning contract. This, supported by concept 8-2019-096345 issued by the SENA Legal Directorate.
In other words, and in accordance with the concepts of SENA, that companies must verify the percentage agreed as support payment with apprentices (in the contracts of learning) linked before January 31, 2020, and make said payment until the validity of said agreements.
For the above, it is necessary that all companies with apprenticeship contracts in force as of January 31, 2020 review the agreements signed with apprentices, with the aim of define the value of the support to be applied.