Compliance with SENA regulated quota
Compliance with SENA regulated quota
Companies must report their workforce to SENA in one of two established periods
January and July or March and September. If they choose January and July, they must report information from January to June within the first 10 business days of July and information from July to December of the previous year within the first 10 business days of January. If the company choose March and September, the company must report in the first 10 business days of March (September to December of the previous year and January to February of the current year) and in the first 10 business days of September (March to August of the same year).
Special fixed-term apprenticeship contract
Through this contract, an individual undergoes theoretical and practical training at an authorized entity, while a sponsoring company assumes the obligation to provide the necessary means to ensure methodical and comprehensive professional training in a trade, occupation, or profession.
This relationship combines both employment and training components: on the one hand, the apprentice carries out activities related to the company's ordinary business, and on the other, receives monthly support to ensure the continuity and effectiveness of the training process.
Consequently, this contract is configured as a special employment modality, in which the training element is essential and determines the specific conditions of its execution.
Options for complying with the requirement
1. The company has the option of hiring SENA technicians or technologists.
- Classroom stage: Where they are receiving theoretical training from the Training Centers (first co-training entity) and do not travel to companies because alternating work and study is not included in the academic curriculum of our training. Therefore, the company must be fully complying with their classroom training period. During this stage, the company must guarantee the apprentice 75% of the minimum monthly wage + EPS and ARL, and the apprentice must guarantee academic compliance.
- Productive Practice Stage: This is when they begin to develop their practical skills within the company (second co-training entity), which must guarantee the apprentice 100% of the minimum wage + EPS, ARL, pensions, and payment of all benefits, allowances, and other rights inherent to the employment contract.
2. The company may hire technicians or technologists from any other entity that has the option and training program available.
3. In accordance with Law 789 of 2002, Art. 32: Employers who are required to comply with the apprenticeship quota may have university interns under an apprenticeship contract, carrying out activities specific to the company, “provided that they do not exceed 25% of the total number of apprentices.”
4. Agreement of intent: If the company intends to hire but does not have the capacity to do so, it may hire apprentices and assign the internship to a client company, supplier, or one of the training centers of the National Learning Service (SENA).
5. Apprentices with disabilities: Companies can hire apprentices with disabilities and automatically count them as fulfilling two quotas. This request must be made directly to the training centers.
6. The company finally has the option to monetize to comply with its regulated quota. The company must file one month in advance or at the time they receive their quota resolution.
- To make the monetization payment, companies must report it within the first five calendar days of each month. If the payment is made after the fifth, the company must pay late payment interest.
