Divulgadas novas regras para fiscalização da aprendizagem

Divulgadas novas regras para fiscalização da aprendizagem

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Por meio da Instrução Normativa SIT nº 146/2018, foram estabelecidas novas diretrizes para a fiscalização, pelo Ministério do Trabalho (MTb), da aprendizagem prevista nos arts. 429 e seguintes da Consolidação das Leis do Trabalho (CLT).

Entre referidas normas, destacamos que:
a) os estabelecimentos de qualquer natureza que tenham, pelo menos, 7 empregados contratados nas funções que demandam formação profissional são obrigados a contratar e matricular aprendizes nos cursos de aprendizagem, no percentual mínimo de 5% e máximo de 15% das funções que exijam a referida formação profissional;
b) estão enquadradas no conceito de estabelecimento, para fins da obrigatoriedade de contratação de aprendizes, entre outros:
b.1) as pessoas físicas que exerçam atividade econômica, inclusive o empregador rural, que possuam empregados regidos pela CLT;
b.2) os estabelecimentos condominiais, as associações, os sindicatos, as igrejas, as entidades filantrópicas, os cartórios e afins, os conselhos profissionais e outros;
b.3) as entidades da administração pública direta, autárquica e fundacional que contratem empregados de forma direta pelo regime celetista, limitando-se, a base de cálculo da cota, nesse caso, aos empregados contratados pelo referido regime.

Estão legalmente dispensadas do cumprimento da cota de aprendizagem:
a) as microempresas e as empresas de pequeno porte, optantes ou não pelo Simples Nacional;
b) as entidades sem fins lucrativos que tenham por objetivo a educação profissional na modalidade aprendizagem, inscritas no Cadastro Nacional de Aprendizagem com curso validado.

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Ressalte-se que, de acordo com a norma em referência, é assegurado à aprendiz gestante o direito à estabilidade provisória prevista na Constituição Federal/1988, desde a confirmação da gravidez até 5 meses após o parto, e, neste caso:
a) durante o período da licença-maternidade, a aprendiz se afastará de suas atividades, sendo-lhe garantido o retorno ao mesmo programa de aprendizagem, caso ainda esteja em curso, devendo a entidade formadora certificar a aprendiz pelos módulos que concluir com aproveitamento;
b) na hipótese de o contrato de aprendizagem alcançar o seu termo final durante o período de estabilidade, deverá o estabelecimento contratante promover um aditivo ao contrato, prorrogando-o até o último dia do período da estabilidade, ainda que tal medida resulte em contrato superior a 2 anos ou mesmo que a aprendiz alcance 24 anos;
c) na situação prevista na letra “b”, devem permanecer inalterados todos os pressupostos do contrato inicial, inclusive jornada de trabalho, horário de trabalho, função, salário e recolhimentos dos respectivos encargos, mantendo a aprendiz exclusivamente em atividades práticas.

As regras previstas no parágrafo anterior se aplicam também à estabilidade acidentária de 12 meses, prevista no art. 118 da Lei nº 8.213/1991.

(Instrução Normativa SIT nº 146/2018 – DOU 1 de 31.07.2018)

Fonte: Editorial IOB
Data: 31 de julho de 2018
Acesso: 06 de agosto de 2018

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