R208 - Recommandation (n° 208) sur les apprentissages de qualité, 2023

I. Definitions, scope and means of implementation

1. 1. For the purposes of this Recommendation:
   • (a) the term “apprenticeship” should be understood as a form of education and training that is governed by an apprenticeship agreement, that enables an apprentice to acquire the competencies required to work in an occupation through structured and remunerated or otherwise financially compensated training consisting of both on-the-job and off-the-job learning and that leads to a recognized qualification;
   • (b) the term “intermediary” should be understood as an entity, other than the host enterprise or the educational and training institution, that coordinates, supports or assists in the provision of an apprenticeship;
   • (c) the term “pre-apprenticeship programme” should be understood as a programme designed to help potential apprentices to develop their competencies with a view to improving their workplace preparedness or meeting the formal entry requirements for an apprenticeship;
   • (d) the term “recognition of prior learning” should be understood as a process, undertaken by qualified personnel, of identifying, documenting, assessing and certifying a person’s competencies, acquired through formal, non-formal or informal learning, based on established qualification standards.
2. 2. This Recommendation applies to apprenticeships in all enterprises and sectors of economic activity.
3. 3. Members may give effect to the provisions of this Recommendation through national laws and regulations, collective agreements, policies and programmes or other measures consistent with national law and practice.
4. 4. Members should implement the provisions of this Recommendation in consultation with representative employers’ and workers’ organizations.

II. Regulatory framework for quality apprenticeships

1. 5. Members should incorporate and promote quality apprenticeships within their relevant education, vocational training, lifelong learning and employment policies.
2. 6. Members should establish a regulatory framework for quality apprenticeships, and qualification frameworks or systems to facilitate the recognition of competencies acquired through apprenticeships. Representative employers’ and workers’ organizations should be involved in the design, implementation, monitoring and evaluation of frameworks, systems, policies and programmes for quality apprenticeships.
3. 7. Members should establish or designate one or more public authorities responsible for regulating apprenticeships, in which representative employers’ and workers’ organizations should be represented.
4. 8. Members should ensure that the competent authorities have clearly defined responsibilities, are adequately funded and work in close cooperation with other authorities or institutions responsible for regulating or delivering education and training, labour inspection, social protection, occupational safety and health, and public and private employment services.
5. 9. Members should adopt a process, in which representative employers’ and workers’ organizations participate, for determining whether an occupation is suitable for quality apprenticeships, taking into account:
   • (a) the competencies needed to work in that occupation;
   • (b) the appropriateness of an apprenticeship as a means of acquiring such competencies;
   • (c) the duration of the apprenticeship required to acquire such competencies;
   • (d) the current and future demand for skills in, and employment potential of, that occupation;
   • (e) the occupational, training and labour market expertise of employers’ and workers’ organizations;
   • (f) the wide range of emerging occupational fields, and evolving production processes and services.
6. 10. Members should, in consultation with representative employers’ and workers’ organizations, establish occupation-specific or general standards, as appropriate, for quality apprenticeships by taking measures that provide, among other things, for:
   • (a) the minimum age for admission, in accordance with the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182);
   • (b) occupational safety and health, in accordance with the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187);
   • (c) any educational qualifications, attainments or prior learning required for admission;
   • (d) the responsibilities of apprentices, employers, educational and training institutions, and intermediaries;
   • (e) the supervision of apprentices by qualified personnel and the nature of such supervision;
   • (f) the appropriate balance between apprentices and workers in the workplace, with a view to ensuring successful apprenticeship programmes and adequate supervision, and while taking into account the need to avoid the replacement of workers and to promote apprenticeships in micro, small and medium-sized enterprises;
   • (g) the expected minimum and maximum duration of the apprenticeship;
   • (h) the extent to which the expected duration of the apprenticeship may be reduced on the basis of prior learning or progress made during the apprenticeship;
   • (i) learning outcomes and curricula based on relevant occupational competencies, the education and training needs of apprentices and labour market needs;
   • (j) the appropriate balance between off-the-job learning and on-the-job learning;
   • (k) access to vocational guidance and career counselling, and other support services as appropriate, before, during and after the apprenticeship;
   • (l) the qualifications and experience required for teachers, instructors, in-house trainers and other experts involved in apprenticeships;
   • (m) the appropriate balance between apprentices and teachers, taking into account the need to ensure quality education and training;
   • (n) the procedures for assessing and certifying the competencies acquired;
   • (o) the qualification acquired on the successful completion of the apprenticeship.
7. 11. Members should take measures to ensure that there is a fair and transparent process by which an apprenticeship can be undertaken in more than one enterprise, subject to the apprentice’s consent, when this is considered necessary for the completion of the apprenticeship.
8. 12. Members should prescribe the conditions under which:
   • (a) enterprises may offer apprenticeships;
   • (b) educational and training institutions may provide off-the-job and on-the-job training;
   • (c) intermediaries may coordinate, support or assist in the provision of apprenticeships.
9. 13. Members should take measures to continuously:
   • (a) develop and strengthen the capacity of government agencies, employers’ and workers’ organizations, and educational and training institutions;
   • (b) strengthen the training capacity of host enterprises;
   • (c) increase the competencies of teachers, instructors, in-house trainers and other experts involved in apprenticeships.
10. 14. Members should take measures to ensure that apprenticeship systems and programmes are regularly monitored and evaluated by the competent authorities. The results of monitoring and evaluations should be used to adapt and improve the systems and programmes accordingly.

III. Protection of apprentices

1. 15. Members should take measures to respect, promote and realize the fundamental principles and rights at work in relation to apprenticeships.
2. 16. Members should take measures to ensure that apprentices:
   • (a) receive adequate remuneration or other financial compensation, which may be increased at different stages of the apprenticeship to reflect the progressive acquisition of occupational competencies;
   • (b) are not required to work hours that exceed limits specified by national legislation and collective agreements;
   • (c) are entitled to holidays with adequate remuneration or other financial compensation;
   • (d) are entitled to be absent due to illness or accident, with adequate remuneration or other financial compensation;
   • (e) have access to paid maternity or paternity leave and parental leave;
   • (f) have access to social security and maternity protection;
   • (g) are afforded freedom of association and the effective recognition of the right to collective bargaining;
   • (h) are afforded protection and receive training in respect of occupational safety and health and in respect of discrimination and violence and harassment;
   • (i) are entitled to compensation for work-related injuries and illnesses;
   • (j) have access to an effective complaints and dispute resolution mechanism;
   • (k) are entitled to protection of personal data.

IV. Apprenticeship agreement

1. 17. Members should ensure that apprenticeships are governed by a written agreement that is concluded between an apprentice and a host enterprise or public institution and, if permitted by national laws and regulations, may also be signed by a third party, such as an educational or training institution or an intermediary.
2. 18. Members should ensure that an apprenticeship agreement:
   • (a) clearly defines the parties’ respective roles, rights and obligations;
   • (b) specifies where the apprenticeship takes place;
   • (c) does not contain any provision that operates to restrict the apprentice’s opportunities for labour market mobility after the apprenticeship;
   • (d) contains provisions relating to the apprenticeship duration, remuneration or other financial compensation and its frequency, hours of work, rest time, breaks, holidays and leave, occupational safety and health, social security, dispute resolution mechanisms and the termination of the apprenticeship agreement;
   • (e) identifies the competencies, certifications or qualifications to be attained and any additional education support to be provided;
   • (f) is registered under conditions established by the competent authority;
   • (g) is signed at the beginning of the apprenticeship;
   • (h) where the apprentice is a minor, is signed on the apprentice’s behalf by a parent, guardian or legal representative, or by the apprentice with the consent of a parent, guardian or legal representative, as required by national laws and regulations.
3. 19. Members should develop, in consultation with representative employers’ and workers’ organizations, a model apprenticeship agreement to facilitate consistency, uniformity and compliance.

V. Equality and diversity in quality apprenticeships

1. 20. Members should take measures to promote equality, diversity and social inclusion in apprenticeships, taking special account of the situation and needs of persons belonging to one or more vulnerable groups or groups in situations of vulnerability.
2. 21. Members should take appropriate measures to promote gender equality and balance in all aspects of apprenticeships, including in access to apprenticeships.
3. 22. Members should take effective measures to prevent and eliminate any discrimination, violence and harassment and exploitation against apprentices and provide access to appropriate and effective remedies.
4. 23. Members should actively promote apprenticeships for adults and experienced individuals seeking to change industry or occupation, upgrade their skills or enhance their employability, in order to promote full, productive and freely chosen employment.
5. 24. Members should take measures to promote access to quality apprenticeships as a means to facilitate the successful transition from the informal to the formal economy and from insecure to secure work that is decent and provides access to social security and labour protection.

VI. Promotion of quality apprenticeships

1. 25. Members should, in consultation with representative employers’ and workers’ organizations, take measures to create an enabling environment for promoting quality apprenticeships, including by:
   • (a) developing and implementing strategies, setting national goals and allocating adequate resources for quality apprenticeships;
   • (b) mainstreaming quality apprenticeships in national development strategies and in education, vocational training, lifelong learning and employment policies;
   • (c) establishing sectoral or occupational skills bodies to facilitate the implementation of quality apprenticeships;
   • (d) developing and maintaining robust mechanisms, such as labour market information systems and regular consultations with representative employers’ and workers’ organizations, to assess the current and future demand for skills with a view to designing or adapting apprenticeship programmes accordingly;
   • (e) implementing effective and sustainable financing models;
   • (f) providing incentives and support services;
   • (g) developing robust monitoring mechanisms, including data collection by the competent authority on rates of retention, non-completion and success in apprenticeships, to assess the effectiveness of financing models and incentive schemes in creating quality apprenticeships;
   • (h) facilitating effective public–private partnerships to support quality apprenticeships within a national regulatory framework;
   • (i) supporting, where appropriate, intermediaries that coordinate, support or assist in the provision of apprenticeships;
   • (j) undertaking awareness-raising activities and promotional campaigns at regular intervals to improve the image and attractiveness of quality apprenticeships by highlighting the benefits of apprenticeships to workers, young people, families, teachers, career counsellors, employers’ and workers’ organizations, and employers, particularly micro, small and medium-sized enterprises;
   • (k) increasing awareness of apprentices’ rights, entitlements and protections;
   • (l) establishing needs-based pre-apprenticeship programmes with a focus on increasing the rates of participation, retention and success in apprenticeships by persons belonging to one or more vulnerable groups or groups in situations of vulnerability;
   • (m) facilitating access to further vocational training and other education opportunities for apprentices;
   • (n) providing flexible learning pathways and career guidance to support mobility, lifelong learning and portability of skills and qualifications;
   • (o) developing, supporting and encouraging the inclusion of mentorships in apprenticeship programmes;
   • (p) using new technologies and innovative methods to improve the effectiveness and quality of apprenticeships;
   • (q) promoting apprenticeships in fields related to the green economy and a just transition, with a view to disseminating knowledge and building skills oriented towards the future of work.
2. 26. Members should promote a culture of lifelong learning, skilling, reskilling and upskilling, including with respect to core skills.
3. 27. Members should, in consultation with representative employers’ and workers’ organizations, with a view to facilitating the transition from the informal to the formal economy, take measures to:
   • (a) strengthen the capacity of micro, small and medium-sized economic units by facilitating access to business development and financial services, improving the occupational safety and health environment, and enhancing the teaching and training methods and the technical and entrepreneurial competencies of master craftspersons;
   • (b) ensure that apprentices have access to off-the-job learning and may complement their on-the-job learning in other enterprises or through intermediaries, where appropriate;
   • (c) strengthen the capacity of associations of micro, small and medium-sized economic units, including through financial support, to improve the quality of apprenticeships;
   • (d) adopt a process to recognize relevant prior learning, including when acquired in the informal economy, and encourage the provision of bridging courses.

VII. International, regional and national cooperation for quality apprenticeships

1. 28. Members should take measures to:
   • (a) enhance international, regional and national cooperation and exchange information on good practices, in all aspects of quality apprenticeships;
   • (b) cooperate to offer expanded learning opportunities to apprentices and to recognize competencies acquired through apprenticeship programmes or prior learning;
   • (c) build effective partnerships to promote quality apprenticeship programmes, including through tripartite national, sectoral or occupational skills bodies, global and regional alliances and apprenticeship networks;
   • (d) promote the recognition of apprenticeship qualifications nationally, regionally and internationally.