Responsabilidad del patrocinador derivadas en el contrato de aprendizaje

Abstract

It should be noted that the apprenticeship contract is not in itself an employment contract, thus, it is typified as a special contract in the Substantive Labor Code, through which a natural person develops theoretical-practical training in a personal manner in an authorized entity. Likewise, it constitutes the first labor contract where the labor conditions of the first employment are established, therefore, certain guarantees are contemplated for the apprentice as one of the essential parts of the contract. Likewise, the apprenticeship contract is a document that contains labor-employer conditions as any other type of labor relationship, but that require to be analyzed through practical cases that have synthesized aspects that can be derived within the labor relationships, such as the risks derived from the work performed. Jurisprudentially, the apprenticeship contract has been seen as a duty of the State and of the employers in order to offer professional and technical training, and the State must also promote the labor placement of persons of working age (Const., 1991, art. 54). Due to these purposes, the apprenticeship contract has constitutional support, which distinguishes it from an ordinary employment contract, since the latter lacks these purposes (Constitutional Court of Colombia, ruling C-038, 2004).