Educational System. Law 26427
EDUCATION 26,427
Law Internship Believe Educational System under the national education system.
Enacted: November 26, 2008. Enacted
Fact: December 18, 2008.
The Senate and Chamber of Deputies of Argentina in Congress assembled, etc. enact as law:
SECTION 1 - Create the System Educational Internships within the national education system for students of higher education (Chapter V, Law 26,206) and Continuing Education, Youth and Adults (Chapter IX, Act 26,206) and Training (Chapter III, Law 26 058) in all cases to persons over eighteen (18) years met in companies and public agencies or private companies with legal personality, except for any services companies even take the form of cooperatives.
SECTION 2 - is understood as "training education" to all training activities engaged students in companies and public agencies or private companies with legal personality, substantially related to the proposed curriculum of studies done in educational units, which recognizes as a highly educational experience, not mandatory.
SECTION 3 - The system objectives are to achieve educational internships that interns:
a. Deepen the work ethic as a necessary and dignifying for life, from a cultural concept and not merely utilitarian;
b. Complementary practices to perform their academic training, to enrich the curriculum proposal from her studies;
c. Incorporate knowledge, skills and attitudes linked to real world situations of work;
d. Acquire knowledge to help improve their chances of entering the workplace;
e. Increase the understanding and management of existing technologies;
f. With tools that contribute to a correct choice or future careers;
g. Benefit from improved of the training proposal, from the link between educational institutions and agencies and companies referred to in Article 1 of this Act;
h. Progress in the process of guidance on specific areas of potential job performance.
SECTION 4 - The objectives of the internship will aim also to create mechanisms fluid connection between production and education, in order to interact with each other between the objectives of the educational content and technology and production processes.
SECTION 5 - To implement the system of educational internships, the authorities of the institutions and bodies established recognized educational driving the design of a comprehensive educational project internships at the institutional level as a framework for partnerships with companies or agencies that are covered by that system. In the case of agreements signed by authorities of educational institutions, whatever their level and scope of dependency, judicial education authorities must be publicly declared in the course of five (5) business days after signing the agreement, as the procedure laid down by regulation.
SECTION 6 - In the educational internship agreements must contain the following minimum requirements:
a) Name, address and personality of the parties who sign;
b) Objectives of the internship teaching education in relation to the studies from which candidates will be called internships,
c) rights and obligations of the recipient institutions of interns and educational institutions or agencies;
d) Characteristics and conditions for carrying out activities that integrate educational internships and profile of the trainees;
e) Number and duration of proposed educational internships;
f) Scheme Examination attendance and leave, sickness and accident insurance for the trainees;
g) Intellectual Property law creations and innovations resulting from the activity of the intern;
h) Status of emergency medical coverage by the company or organization and entity that will address the commitments under Law 24,557, Labour Risk;
i) tutorial training plans which are necessary;
j) Duration of the agreement and conditions of revision, revocation, or renewal;
k) List of persons authorized by the signatories to sign individual agreements educational internship.
SECTION 7 - The authorities of educational institutions or inform the educational community on the agreements signed with public or private companies, and reliably communicate to students, in advance of each call: the procedures, requirements, vacancies, allocation criteria and deadlines for applying for internships. Students can access copies of the conventions request.
by regulation shall define the criteria on the allocation of applicants to the internship, based on objective standards, which have the appropriate media to maintain equality of opportunity for applicants.
SECTION 8 - Students selected for internships must sign an individual agreement with the signatories of the agreement, which will contain specific conditions of the internship education. This agreement must be implemented according to the guidelines of the agreement. The text of this law and the agreement of reference shall be annexed to the agreement, for reliable notification of the intern.
SECTION 9 - In the individual agreements internship education shall contain the following minimum requirements:
a) Name of intern, number of Cuil and domicile;
b) Name, address and personality of the parties and institutional data persons authorized to sign the agreement, under the agreement;
c) rights and obligations of the parties;
d) Plan as educational internship as provided in Article 17 of this Act;
e) Duration, time and place for conducting educational internship;
f) Amount, date and place of payment of the incentive allocation;
g) List the tasks assigned to intern;
h) Scheme of Examination attendance and leave, sickness and accident insurance for the intern;
i) the system of intellectual property creations and innovations resulting from the activity of the intern;
j) Name and number CUIL / CUIT of tutors and guides teachers assigned by the parties referred to in Article 1 of this Act.
ARTICLE 10. - Each institution or agency education should retain the originals of the agreements, keep records of individual agreements educational internship, structuring a file for each trainee, assign teachers guide and supervise the implementation of plans for internships, placing special emphasis on meeting the educational aspects of the tasks of the interns. The performance of the role of teacher guidance is incompatible with any paid position in the company or organization where the internship is developed.
ARTICLE 11. - Companies and organizations should retain the originals of the conventions and agreements signed within the terms of this Act for a period of FIVE (5) years after completion of their term; keep internal records of each of them, and communicate them to the social security agencies and tax, as provided in Article 19 of Law 25,013, appoint guardians for educational internships with specific work experience capacity to plan, implement and evaluate training proposals.
ARTICLE 12. - The educational internships do not create any employment relationship between the intern and the company or organization in which they operate. This figure may not be used to fill vacancies or new jobs or to replace staff of enterprises and public agencies or private.
If after the internship education a person is hired for an indefinite period, you can not make use of the probationary period of Article 92 bis of the Labor Contract Law.
ARTICLE 13. - The duration and the number of hours of internship education defined in the agreement referred to in Article 6, depending on the nature and complexity of activities to develop, for a minimum of two (2) months and a maximum of TWELVE ( 12) months with a weekly working hours of up to TWENTY (20) hours. The maximum period established an educational internship vacancy may be renewed for the same trainee, for up to SIX (6) additional months debiéndose sign a new individual between all parties, under Article 9 of the present.
ARTICLE 14. - The activities of educational internships take place at the premises of the companies or agencies, or in places that they have the type of work to develop. These areas must meet the health and safety conditions laid down by the Law 19,587, Law of the Hygiene and Safety, and its regulations. In addition, companies or agencies should incorporate mandatory for interns to the scope of Law 24,557, Occupational Hazards Act, and its regulations, and prove to the educational unit concerned.
ARTICLE 15. - Interns will receive a sum of money as a non-remunerative incentive allocation, calculated on the basic wage of the collective agreement applicable to the company, which is proportional to the workload of the internship. If you have more than one convention applicable, take into account the most favorable for the intern. In the case of activities that have no collective agreement applies to the calculation of the incentive allowance, the minimum wage, vital and, in proportion to the workload of the internship.
Interns receive, according to the characteristics of activities, with all regular benefits and licenses agreed that staff as specified in the regulations. It also should give the intern whose health coverage benefits shall be as provided in Law-Law 23 660 -. Social Work
ARTICLE 16. - The administrative expenses relating to the implementation of educational internships, if any, can not be attributed in whole or in part to the incentive allocation intern, is set for these expenses, a maximum of five percent (5% ) the value of the incentive allocation.
ARTICLE 17. - The teacher guidance from the school and the tutor by the agency or company, under the provisions Article 5, jointly developed a work plan to determine the student's educational process to achieve the educational objectives. This plan is incorporated into the individual file for each trainee, who works in the educational institution or agency, as provided in Article 10, and will be duly notified to the intern.
ARTICLE 18. - The implementation of educational internship plan, control and evaluation is the responsibility of guiding teachers and mentors, who in regular reports to be incorporated into the individual file of each agreement referred to in Article 10. In the term of THIRTY (30) calendar days after the completion of the internship education, appointed guardians must submit to the education unit a report evaluating the performance of the intern. The parties in all cases extended to interns an educational internship certificate stating the duration of the internship and the activities, pursue their application will extend the functions performed certification of teachers guides and guardians, indicating the number of interns and staff time.
ARTICLE 19. - The Ministry of Labour, Employment and Social Security comptroller shall comply with this law relating to companies and agencies which do not change their objectives. In case of default by the company one of the conditions or characteristics that typify this special relationship, educational internship will lose that capacity and shall be considered indefinite employment contract. In that case, shall govern all penalties and allowances that apply to the unregistered employment. Atento
the exceptional nature of this regime, in case of doubt means that the relationship between student view and the company or organization is working nature, applying the rules of Law 20,744 and complementary.
ARTICLE 20. - The Ministry of Education within the Federal Council of Education and Council of Universities, and with the participation of the National Institute of Educational Technology, for appropriate cases, provide a unified register of agreements signed by the institutions and educational agencies participating in the system, mechanisms to organize technical support for the teacher training guides and for monitoring compliance with the educational objectives of the internship, as a matter for the roles of institutions and educational agencies. Periodically perform alone or in concert with the above tips, sample checks to improve management in a comprehensive educational internships. Also, checks must be carried to the complaints of irregularities in the implementation of educational internships and responsibilities of the parties involved.
ARTICLE 21. - Businesses and organizations will have a maximum number of interns, the Ministry of Labour, Employment and Social Security set by the relevant regulations, quota that is proportional to the size of the company and the amount of tutors that it assigned.
ARTICLE 22. - Remove the 25,165-Law Education Law Internship, "Article 2 of Law No. 25,013-Labor Law Reform", Decree 340/92, Decree 93/95, and Additional rules and regulations, and Article 7 of Decree 487/2000.
ARTICLE 23. - Transitional clause. Internship contracts in effect at the time of enactment of this Act shall be adapted to their requirements in one hundred and eighty (180) days, except with regard to Article 13 Hours of educational internships, which be honored until the end of the period originally signed and may not be renewed or extended.
ARTICLE 24. - Communicate to the Executive.
DADA IN THE CHAMBER OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, THE TWENTY DAY OF NOVEMBER OF THE YEAR TWO THOUSAND EIGHT.
- REGISTERED UNDER THE NUMBER 26 427 - CC COBOS
July. - EDUARDO A. Fellner. - Enrique Hidalgo. - John H. Estrada.
The new generation, one to a few years, and some wept softy emotions by the beard of the unknown. 
The new generation, one to a few years, and some wept softy emotions by the beard of the unknown. 
Then came the living, the delicious meal prepared by all. 
