Working as a Minor Apprentice: Rules and Legal Protections

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Work by minor apprentices is regulated by the CLT (Brazil’s Consolidated Labor Laws) and the Child and Adolescent Statute (ECA), with specific protective rules. The law sets limits on working hours, prohibits certain activities, and provides safeguards meant to balance professional training with education.

What an apprenticeship contract is and who can be an apprentice

The apprenticeship contract is governed by Articles 428 to 433 of the CLT and is intended for young people from 14 to 24 years old who are enrolled in a professional apprenticeship program. For people with disabilities, there is no maximum age limit (Art. 428, paragraph 5). The contract is for a fixed term of up to two years, and the apprentice must be enrolled in and attend school if he or she has not yet completed elementary education (ensino fundamental).

Professional apprenticeship is methodical technical and professional training that is compatible with the apprentice’s physical, moral, and psychological development (Art. 428, caput, of the CLT). Apprenticeship programs are delivered by qualified organizations, such as the Sistema S (the network of Brazilian industry and commerce training institutions: SENAI, SENAC, SENAT, SENAR), technical schools, and nonprofit organizations registered with the Municipal Council on the Rights of Children and Adolescents.

Medium-sized and large companies are required to hire apprentices in a number equal to at least 5% and at most 15% of the workers in positions that require professional training (Art. 429 of the CLT). A company that fails to meet this quota is subject to an administrative fine imposed by the labor inspection authorities.

Working hours and activities prohibited for minors

An apprentice may work no more than 6 hours a day, and extending or offsetting those hours is not allowed (Art. 432 of the CLT). For apprentices who have already completed elementary education, the workday may be up to 8 hours, as long as the hours spent on theoretical instruction are counted. Overtime is expressly prohibited in every case.

The Federal Constitution (Art. 7, XXXIII) and the Child and Adolescent Statute (Law 8.069/1990) prohibit night work, hazardous work, and unhealthy work for anyone under 18. The List of the Worst Forms of Child Labor (Decree 6.481/2008) names activities that are prohibited for minors, including work in mines, in construction, operating heavy machinery, and exposure to chemical agents.

For apprentices who have already completed elementary education, the workday may be up to 8 hours, as long as the hours spent on theoretical instruction are counted.

These prohibitions are matters of public order. They cannot be waived by agreement between the parties or by permission from a legal guardian. Violating them may constitute a crime under Art. 136 of the ECA and may make the employer civilly liable for harm caused to the minor.

Labor and social security rights of the apprentice

An apprentice is entitled to the hourly minimum wage, vacation that coincides with school vacation (for those under 18), a transportation voucher, FGTS (Brazil’s Severance Indemnity Fund) deposits at a reduced rate of 2% (Art. 15, paragraph 7, of Law 8.036/1990), an entry in the CTPS (Brazil’s Work and Social Security Card), and a professional qualification certificate when the program ends.

Social security contributions apply to the apprentice’s pay as usual, which means the contribution time counts toward future benefits. It is worth noting that the apprenticeship contract guarantees all the labor rights set out in the CLT, with the adaptations specific to this type of contract.

If the contract is terminated early, the apprentice is entitled to any unpaid salary balance, proportional vacation pay plus one-third, a proportional 13th salary, and withdrawal of the FGTS balance. The 40% FGTS penalty is owed only when the employer terminates the contract without one of the legal grounds for termination listed in Art. 433 of the CLT.

Grounds for terminating an apprenticeship contract

Art. 433 of the CLT lists the grounds for early termination of an apprenticeship contract: insufficient performance or failure to adapt on the apprentice’s part, serious disciplinary misconduct (Art. 482 of the CLT), unjustified absences from school that result in the loss of the school year, and the apprentice’s own request. The contract also ends automatically when its term expires or when the apprentice turns 24 (except for people with disabilities).

An employer that disregards the rules protecting apprentices may have the contract declared void by the Labor Court. The court would then recognize an employment relationship of indefinite duration and order payment of everything that follows from it, including the FGTS difference (from 2% to 8%) and all other severance rights in full.

Enforcement and consequences of violating the rules that protect apprentices

Enforcement of apprenticeship quotas and of the working conditions of minor apprentices is the responsibility of the Labor Inspection, which is part of the Ministry of Labor and Employment. Inspection audits check not only the percentage of apprentices hired, but also whether the apprenticeship programs are in good standing, whether the practical activities match the teaching plan, and whether working-hour limits and the legal bans on night, hazardous, and unhealthy work are being respected.

An employer that violates the rules protecting apprentices is subject to the administrative fines provided in Art. 434 of the CLT and may also be sued for harm caused to the minor. When the violation involves child labor (children under 14) or exposure to activities on the List of the Worst Forms of Child Labor (Decree 6.481/2008), the Public Labor Prosecutor’s Office (MPT) may file a public civil action (ação civil pública) to stop the practice and obtain compensation for the collective harm. Awards for collective pain and suffering damages (dano moral) in these cases are often substantial, given the seriousness of the violation of children’s and adolescents’ rights.

It is worth noting that the MPT runs permanent programs to combat child labor and promote apprenticeships, operating throughout the country. Reports of irregularities in hiring apprentices or of child labor exploitation can be sent directly to the MPT, to the Guardianship Councils (Conselhos Tutelares), or to Disque 100, the federal government’s hotline for protecting the human rights of children and adolescents.

Frequently Asked Questions

Is an apprentice entitled to regular vacation like other employees?

Yes. An apprentice is entitled to 30 days of annual vacation, plus the constitutional one-third bonus. For apprentices under 18, vacation must coincide with school vacation under Art. 136, paragraph 2, of the CLT. Apprentices over 18 follow the general rules for scheduling vacation.

What is the apprentice’s FGTS rate, and why is it different?

The FGTS rate for apprentices is 2% of pay, under Art. 15, paragraph 7, of Law 8.036/1990. The reduced rate is meant to encourage companies to hire apprentices by lowering the labor cost of workers in training. If the contract is declared void, the FGTS is recalculated at the standard rate of 8%.

Can a child under 14 work under any circumstances?

The Federal Constitution (Art. 7, XXXIII) prohibits any work by anyone under 16, except as an apprentice from age 14. Children under 14 may not perform any work, not even as apprentices. The only exception is taking part in artistic activities with specific court authorization.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.