TAYLOR THORELL: ICA Legal Policy Intern
Over the course of its history, the International Labor Organization has adopted 4 Recommendations regarding the way as to how apprenticeships should be carried out and treated in the workplace. A Recommendation, according to the book Rules of the Game by former ILO Director General, Guy Ryder are “non-binding guidelines.” Furthermore, the legal definition of an apprenticeship, according to Black’s Law Dictionary is: “A contract by which one person, usually a minor, called the ‘apprentice,’ is bound to another person, called the “master,” to serve him during a prescribed term of years in his art, trade, or business, in consideration of being instructed by the master in such art or trade, and (commonly) of receiving his support and maintenance from the master during such term.” The first was titled “The Apprenticeship Recommendation (No. 60)” and was released in 1939. They did this so as to define apprenticeships. It provided proposals for things such as a regulatory framework, quality assurance, and compensation for their work. This is all important to establish legitimate apprenticeships that allow the apprentice to study in a safe and supportive environment, while allowing the employer to receive help from someone who is eager to learn. The next came in 1962 and superseded the aforementioned recommendation. It was titled “The Vocational Training Recommendation (No. 117).” One thing this recommendation emphasized was the importance of an agreement between an employer and an apprentice so that each is aware of what is expected of them. This transparency is vital to ensure the apprentice can ensure they are in a healthy work environment that will allow them to complete their training while also staying safe. It also allows them to be aware of things such as compensation which will impact other aspects of their life. Standards and regulations of apprenticeships were also laid out in No. 117, which helps ensure apprenticeships are valid and maintain appropriate conduct. It also lays out safety measures such as the importance of providing safety training to apprentices and providing them with medical evaluations before they begin to ensure they are fit for the job.
The next recommendation to surface was “The Human Resources Development Recommendation (No. 150)” in 1975. It had no direct mention of apprenticeships. This choice was clarified by the Committee of Experts on the Application of Conventions and Recommendations (CEARC) in 1991 when it said this was done so as to emphasize the continual opportunity of education for all employees, so as to suggest training is never fully completed. They said this would improve the life of the individual and also the community. CEACR’s job is to discuss ratified Conventions based on comments given by governments, employers, and employees. All of these aforementioned Recommendations were replaced by the currently active “Human Resources Development Recommendation (No. 195)” that was developed in 2004 and has been submitted to their parliament by 151 countries. This Recommendation highlights the importance of lifelong education, like its predecessor. In addition to that similarity, it also does not address apprenticeships. While lifelong training and education is an important value, it is a dangerous precedent to set to ignore apprenticeships in these guidelines because they are still an important part of vocational training. If there are no active regulations for apprenticeships, that allows for malicious practices to take place. Recommendation No. 117 listed the standards that should be followed in this kind of training and this likely helped ensure apprentices were being treated fairly and were also qualified for their positions. With No. 195, these standards no longer existed, leaving space for those eager to learn about a job they may want to make their livelihood to be taken advantage of in the workplace. It is an important distinction to make that job training is shifting towards a lifelong endeavor, however it is unfortunate that the ILO chose to not include apprenticeships in these recommendations. Fortunately, the ILO recently adopted a new Recommendation regarding apprenticeships on June 15th, 2023. In the commentary of the proposed Recommendation, they acknowledged there were no current ILO instruments that address apprenticeships, which is why they have taken this step now. The new Recommendation covers issues such as apprenticeship agreements, regulatory framework, promoting quality apprenticeships, equality and diversity in apprenticeships, and other issues. This new ILO Recommendation is a positive thing in the world of apprenticeships. With this formal recognition of apprenticeship and good practices surrounding them, it will hopefully help ensure a safe and healthy work environment for both apprentices and employers. The Recommendation has been celebrated worldwide, including by the Minister of Labour for Trinidad and Tabago, Stephen Mc Clashie. It is clear this is a win for apprenticeships in the workplace.
Additionally, the EU released their own Recommendations titled “Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships.” The Recommendation mentions the value of apprenticeships for both the employer and apprentice. It also highlights the importance of written agreements, consistent regulatory framework, and career guidance. It wants to establish a consistent framework across member states and ensure success of apprenticeship programs so as to provide the next generation of confident and competent workers. This Recommendation was devoted to apprenticeships and that is important because they are a unique situation that do not fit in with a normal employee/employer dynamic. When it comes to apprenticeships, there is an emphasis on education, and that cannot be ignored.
As a legal-intern at the ICA, and a young person I am happy the ILO adopted this new Recommendation that once again clearly addresses apprenticeships and provides guidelines for them. While I understand the importance of emphasizing the shift towards lifelong vocational education, apprenticeships are still taking place around the world and thus it is important to ensure they are regulated. I believe it will set apprentices up for success and allow employers some guidance when constructing their programs, which is why I was elated to see the new ILO recommendation. I only hope progress continues and there is no step backwards as there was when apprenticeships were not mentioned in Recommendations No. 150 and No. 195.
Taylor Thorell