Legal framework for the contract of apprenticeship of minors In Algerian Legislation

Abstract

In normal circumstances, the parties to the employment contract have two workers and the employing organization, but the first party to this contract changes according to its eligibility to contract, if the worker is fully qualified and whenever the legal age of majority set at nineteen years is complete, often no problem arises, unlike Whether the employee is not an adult, as the law requires a minimum age for employment in accordance with the provisions of Article 15 of Law No: 90/11 dated: 04/21/1990, which includes the Law on Individual Labor Relations issued in the Official Gazette of the Algerian Republic, No.: 17 for the year 1991, as it states: “In no case can the minimum age of employment be less than sixteen years except in cases that fall within the framework of the training contracts that are prepared in accordance with the legislation and regulation in force, and a minor may only work based on A license from his legal guardian. ”Thus, the privacy of a minor's employment contract requires that he be at least sixteen years old and have a license from his legal guardian, all of this to protect the minor worker.

However, the Algerian legislator has deviated from the minimum age requirement of sixteen years as a minimum, when it comes to holding the apprenticeship, taking into account the special experiences that the minor apprentice will acquire with special experiences, and that the face of the apprenticeship world will be after faltering in its academic course.

For this reason, the apprenticeship contract for minors was considered of great importance, because it is close to the often uneducated child, and many young people turn to it in order to learn a profession that guarantees him a decent life, as the legal regulation of such a contract poses many legal problems worth studying, perhaps the most important Partially, it is related to the obligations of the apprentice minor, especially since this party to the apprenticeship contract is not an adult, and in return for that, there are obligations, in addition to the legal questions that have the financial aspect of the apprentice contract, which is a catalyst for the apprentice minor, and that the apprentice contract has conditions And the results spilled over him, and as a contract first of all, there is an end to this contract, as it does not make sense to remain in effect for an indefinite period.

       Therefore, we will try to address through this research to define the contract of apprenticeship that links the minor to the supervising authority for apprenticeship in order to clarify it, then highlight the importance of apprenticeship as a form of training to which parents resort, then turn to the aspects of caring for this contract for children who are professors by explaining the eligibility requirements of the apprentice and the terms of the apprentice contract and its legal implications The end or termination of the contract.