Lifting of the suspension of terms by SENA
On the occasion of the issuance by the National Government of Decree 580 of May 31, 2021, through which measures were implemented for the "progressive reactivation of economic, social and State activities", the National Apprenticeship Service (SENA) issued Resolution 1-01095 of July 01, 2021 by which the suspension of terms of the following administrative and procedural actions with respect to the apprenticeship contract was lifted:
- Obligation of the employer to sign apprenticeship contracts in compliance with the administrative act that determines or modifies the regulated quota, under the terms of article 1° of Agreement 11 of 2008.
- The sanctioning actions for the imposition of fines for apprenticeship contracts that are currently being carried out by the Entity.
- The actions related to the appeals against the administrative acts that determine values for non-compliance with the apprenticeship quota.
Thus, as of July 1st of this year, the suspension of terms that had been in force for such actions since April 20, 2020[1] is lifted,
Accordingly, those employers that comply with the ceilings defined in Law 789 of 2002 and, therefore, are obliged to comply with the apprenticeship quota will have a term of 20 business days to sign the corresponding apprenticeship contracts, term to be counted from: (i) the finality of the administrative act that has determined or modified the apprenticeship quota, in case it has opted to meet the quota by hiring apprentices; or (ii) from the date of termination of the apprenticeship contract, in case it is an apprentice replacement.
The above, without detriment to the possibility of monetizing the respective quota indicated by SENA.
[1] By virtue of the entry into force of Resolution 414 of 2020 issued by SENA on the occasion of the declaration of the State of Economic, Social and Ecological Emergency by the National Government.
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