SENA Issued Agreement 0010 of 2023 to Set the SENA Quota Based on New Categories of Workers (hereinafter referred to as the “Agreement”)

To determine the quota of apprentices, companies must provide SENA with information on the number of workers they have, according to the periods established by law.

Now, in compliance with Decree 1334 of 2018, within the first ten business days of September 2024, some companies must submit to SENA information regarding the changes in the number of workers that occurred between March and August of the current year. For 2024, the reporting periods according to the regulations are:

1. First Period

2. Second Period

According to Article 33 of Law 789 of 2002, the quota of apprentices will be calculated “based on one apprentice for every 20 workers, plus one additional apprentice for each fraction of ten (10) or more, not exceeding twenty. Companies with between fifteen (15) and twenty (20) workers will have one apprentice.”

For example, if a company has 97 workers, it must have 4 apprentices for the first 80 workers and 1 for the remaining 17 workers, totaling 5 apprentices.

Once the employer reports changes to their payroll that affect the number of apprentices, they must notify SENA within the aforementioned terms. Subsequently, SENA is obligated to issue the respective administrative act establishing the apprentice quota, which the company can contest within five business days following the notification.

Additionally, under Decree 3769 of 2004, employers must note that mission workers—those contracted through temporary service companies—should not be included in the calculation to determine the apprentice quota.

Finally, according to Decree 1334 of 2018, when a company operates in more than one city or department, it may distribute the apprentice quota based on needs but must report this situation within the dates and periods established by the regulations.

What Changes Does the Agreement Include?

With the implementation of the Agreement, more than 30 job titles and occupations have been created for calculating the SENA quota. As a result, even if companies have not hired new workers, the number of apprentices required may change.

The transportation sector will be one of the most affected by the change in the Agreement, as employers will need to calculate the apprentice quota including vehicle drivers, a situation that was not previously considered and will represent a significant change.

In response to this change, if companies cannot timely hire the necessary apprentices to meet the SENA quota, they may opt for monetary compensation. In this regard, according to Article 34 of Law 789 of 2003, the company can waive this obligation by paying a monthly fee calculated as follows:

“multiply 5% of the total number of workers, excluding independent or temporary workers, by the current legal minimum wage. If the monetization is partial, it will be proportional to the number of apprentices who do not fulfill the mandatory minimum quota.”

What Are the Consequences of Not Considering the Changes in Agreement 0010 of 2023?

If a company fails to correctly update information for calculating the apprentice quota, according to Agreement 4 of 2014, a monthly fine of up to 1 SMMLV will be imposed for each apprentice they are obligated to hire. Consequently, the SENA will cease collection until the employer correctly updates the applicable minimum hires.

What Considerations Should Be Taken into Account Regarding the Apprenticeship Contract?

• It is not an employment contract.
• It does not involve payment of a salary, but rather a maintenance support.
• The company cannot directly carry out any disciplinary process against the apprentice, as there is no subordinate relationship; thus, the hiring company does not have disciplinary authority over the apprentices it hires.
• The medical incapacity of the apprentice suspends the contract for the duration of the incapacity.

Please do not hesitate to contact Brick Abogados if you have any concerns or would like further information on the topic discussed above.

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This document is for informational purposes only and does not constitute legal advice, nor does it commit the responsibility or professional opinion of Brick Abogados.