Divergence of Integral Social Security in Learning Contracts: Absence of Retirement Funds

Abstract

The main goal of this research was to analyze the apprenticeship training contract from the perspective of social security integrity as a right and system, specifically due to the absence of retirement funds and its implications due to the normative exceptionality of affiliation to the social security pension system.

The proposed context by this investigation was carried out under qualitative, descriptive, non-experimental research to study the apprenticeship training contract, taking as a reference the few doctrines on the subject and the statements by the High Constitutional Court on the constitutionality of the apprenticeship training contract and its protectionist extension in maternity and occupational job stability. It is necessary to emphasize the approach of the current investigation because there was not found any previous research paper about the same subject or methodology.

The apprenticeship training contract belongs to the Labor Law as special modality, in other words, it works as protectionist right. However, this type of contract disagrees with the guiding aphorism and the full coverage of social security by the absence of retirement funds. Teleologically there is an opposition and legal gap, which generates a state of vulnerability of the apprentice before any contingency of common origin.