christiane azevedo barros - ilo...christiane azevedo barros labor law enforcement auditor...
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Christiane Azevedo BarrosLabor Law Enforcement Auditor
Coordinator of the Project Inclusion of Apprentices in the Labor Market of the Regional Labor and Employment Office of the State of Minas Gerais (SRTE-MG)
It is up to the training entities, together withthe employers, to keep track of the professionalactivities of the apprentices, making sure thatthey are carried out according to the purpose ofthe vocational training and to the rules appliedto the apprenticeship.
Art. 21. The Federal Government shall be responsible for:
XXIV - organizing, maintaining and carrying out labor inspection activities;
The Federal Labor Inspection System, which isunder the responsibility of the Ministry ofLabor and Employment, was designed toensure the enforcement of legal provisions,including ratified international conventions,acts and decisions of competent authoritiesand labor conventions, agreements andcollective bargaining agreements concerningthe protection of workers while engaged inlabor activity.Decree 4,552/2002
The role of a Labor Inspectoris to inspect whether laborlaws are being compliedwith.
We are hired as labor inspectors through a public competitive examination.
In inspections related to apprenticeship, wenotify companies to go to the Ministry of Laborand provide evidence based on labor-relateddocuments that they are employing apprenticesaccording to their predetermined quota.
We check the required documentationbefore apprenticeship activities can start tomake sure that they meet the necessaryconditions;
We carry out inspections in training sites tocheck whether they provide appropriate andsafe conditions for the courses, whether thenumber of hours established for thevocational training courses is beingobserved and whether the professionalsproviding the training are qualified to doso, among other requirements.
For companies: "Per capita" fine for failing to hire apprentices and referral of such cases to the Public Prosecutor’s Office for Labor Affairs, which can resort to the court system to force companies to hire apprentices;
Payment of the fine does not release acompany from the obligation to hireapprentices. It will be inspected and notifiedagain.
Application of fines for not providingappropriate conditions for vocationaltraining;
Disqualification for delivering new courses;
Suspension from the NationalApprenticeship Register.
CMDCA - MUNICIPAL COUNCIL FOR THERIGHTS OF CHILDREN AND ADOLESCENTS
The Municipal Council for the Rights ofChildren and Adolescents - CMDCA - is thebody in charge of drawing up andcoordinating the municipal policy for ensuringthe promotion and defense of the rights ofchildren and adolescents, providing guidancein relation to them and ensuring fullprotection to children and adolescents
Non-profit Entities wishing to providetraining courses must be registered with theCMDCA, which sets the rules for approvingthem.
Each CMDCA can autonomously set the rulesto be applied to the operations of trainingentities.
Public Prosecutor's Office for Labor Affairs (Ministério Público do Trabalho - MPT)
The Public Prosecutor’s Office for Labor Affairs is in charge of carrying out the actions assigned to it by the Federal Constitution and by labor laws and of filing public civil actions with labor courts to defend collective interests when constitutionally guaranteed social rights are violated;
Thank you!