Lifelong Learning Programme

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Table of Contents
5.3 How to Produce Clear and Transparent Regulatory Framework for Promoting Internships
5.3.3 Legal Status of WBL initiative Participants (student), Social, Health Insurance etc.

A consistent legal framework for VET and apprenticeship

In developing or reforming laws, clarity and consistency should be given particular attention as apprenticeship, more than any other form of education, is often subject to different laws (education, youth, labour, etc.) and regulations (e.g. collective agreements) and is often governed on several levels (e.g. national, regional). There are various ways to implement a consistent legal framework for VET; some countries may focus their reforms on avoiding or reducing existing inconsistencies, while others may prioritise streamlining the administration. For example, a recurrent topic for clarification is the status of apprentices as students or employees; linked to that are questions of vacation entitlement, regulation of working hours, work safety, parental leave, health insurance and the like. This is often not just a technical issue to be solved, but also a political concern as different stakeholders (e.g. labour or education ministries) may have different perspectives on apprenticeships. Administrative reforms, ongoing in many countries, could also be an opportunity to modernise legislation of apprenticeship systems. Furthermore, it is important to note that apprenticeship systems are usually part of a broader VET system. Some countries have concentrated their reform efforts on repositioning work-based learning including apprenticeship within this broader context and enacted a single VET act. Apart from the governance structure, a consistent legal framework for VET finally also has to reach the individual level; apprentices should have a meaningful contract that includes a clear task description and working conditions for the apprentice.

Effective multi-level legislation

In the event that different levels (e.g. national and regional levels) are involved, an arrangement is needed by which the national government is responsible for the overall guidelines for VET while the details of its implementation are regulated by institutions at the regional level. This allows for a degree of local autonomy and is particularly important for countries with large regional disparities in terms of their capacity to develop apprenticeships.

Balancing collective obligations and local autonomy

Even in countries without federal structures and regional legislation, strategic and operational functions need to be distinguished and adequately allocated. Ideally, the national level is in control of the strategic functions and pursues long-term objectives, while the regional and local levels fulfil operational functions. A regularly updated national plan for apprenticeship agreed upon by all apprenticeship partners and including a common vision and goals can be an appropriate instrument at the national level to fulfil this strategic function.

 

Online Resource

Federal Act on Vocational and Professional Education and Training

https://www.admin.ch/opc/enl

This ressource it’s a good practice in demonstrating of how a transparent and coherent legal framework for the whole VET system can be organised .

Council recommendation on a Quality Framework for Traineeships

file:///C:/Users/Administrador/Downloads/141424.pdf

This ressource available online shows the importance of Quality Framework for Traineeships for all EU countries 

This project has been funded with support from the European Commission. This web site reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

The SWOT - Skills for Work Opportunities in Eno-gastronomy and Tourism project © 2018