Special Contract Work in Paraguay: A Comprehensive Guide
Special Contract Work (I)
Learning Contract
The Learning Contract in Paraguay’s Labor Code allows a worker (apprentice) to provide services to an employer in exchange for practical training in a profession, trade, or occupation. This contract includes a paid wage, typically for a specified duration.
This contract type is relevant for industries requiring skilled labor that may not be fully developed through traditional vocational training. It recognizes the importance of hands-on experience in a factory or routine setting.
The primary purpose of the Learning Contract is training. While the apprentice benefits from practical experience, the employer also gains from their performance. This contract is considered an initial employment category, with compensation often including a mix of cash and in-kind benefits.
Remuneration
According to Article 12 of the Labor Code: “All work must be remunerated. His gratitude is not presumed.”
The apprentice’s cash payment should be no less than 60% of the minimum wage. Compensation may be a combination of cash and in-kind benefits, with the practical experience supplementing the monetary reward.
Elements and Conditions of Learning
Capacity
Workers aged 18 and above can sign a Learning Contract. For those under 18, the Code of Childhood and Adolescence governs capacity. Individuals can enter an apprenticeship at 14 with parental or guardian permission, or with authorization from a Judge of Children and Adolescents.
Form of Celebration
The contract should be in writing; otherwise, the services are subject to the rules of a standard employment contract. The contract is executed in triplicate, with copies for each party and the competent authority for approval and registration.
Minimum Clauses
The contract must include: personal details of the parties, profession or trade being learned, learning objectives, description of tasks, time and place of learning, identification of the institution, remuneration, maintenance conditions, housing and primary education (if provided by the employer), and evaluation methods.
Place of Learning
Learning can occur at the workplace or in an institution designated by the employer.
Obligations
The Labor Code outlines the obligations of each party.
Trial Period
There is a trial period of 60 days for the apprentice.
Duration of Contract
The contract typically lasts no more than one year. In exceptional cases, it can extend to three years with authorization from the relevant labor authority.
Labor Code Excerpts – Learning Contract
Title III. Special Contracts Work
Chapter I. Learning Contract
(Articles 105-118 of the Labor Code are included here, verbatim, in italics.)
Contract of Children and Women
This section addresses the participation of adolescents (under 18) in work and the legal protections afforded to them. The labor law aims to protect children’s biological, economic, moral, and social development. Law 1680/2001 and the Labor Code provide specific regulations for child labor.
Code of Children and Adolescents
Part II – Protection of Workers to Teens
Chapter I – General Provisions
(Articles 52-57 of the Code of Children and Adolescents are included here, verbatim, in italics.)
Chapter II – Adolescent Employed Persons
(Articles 58-62 of the Code of Children and Adolescents are included here, verbatim, in italics.)
Labor Code Excerpts – Child Labor
Chapter II. Child Labor and Women
Section I. Child Labor
(Articles 119-127 of the Labor Code are included here, verbatim, in italics.)
Women’s Employment Contract: Prohibitions. Pregnancy.
This section highlights the historical context of women in the workforce and the evolution of labor laws to protect their rights, particularly concerning maternity and pregnancy. The Labor Code provides special provisions to safeguard women’s health and well-being in the workplace.
Labor Code Excerpts – The Work of Women
Section II. The Work of Women
(Articles 128-136 of the Labor Code are included here, verbatim, in italics.)