On December 29, 2022, the Operating Rules of the Youth Building the Future Program (the Rules) were published in the Federal Official Gazette (DOF).

The Rules are intended to govern the operation of the Youth Building the Future Program (the Program) in the 32 states of the country.

The purpose of the Program is to provide on-the-job training opportunities to young people who, at the time of applying for a space for training, are between 18 and 29 years of age, and are not studying or working either at the time of application or during the training period.

In accordance with the Rules, the main eligibility criteria and requirements that young people shall meet in order to participate in the Program consist of: (i) being between 18 and 29 years of age and not working or studying; (ii) register on the digital platform authorized by the Ministry of Labor and Social Welfare (STPS); (iii) have valid official identification; (iv) submit their proof of address; and (v) accept the terms of the commitment letter, as well as authorize the use of their personal data to the STPS.

The applicant workplaces, in the case of individuals or entities, shall meet the following requirements in order to participate in the Program: (i) request participation in the Program through the digital platform authorized by the STPS; (ii) have official identification and power of attorney from the representative of the workplace if it is an entity, and from the designated guardians or branch administrators; (iii) CURP of the representative of the workplace, and of the designated tutors or branch administrators; (iv) proof of tax situation and proof of address; (v) recent photographs of the exterior and interior of the workplace and branches; (vi) submission of a plan of activities for each training offered that meets the characteristics of the Program, designating a tutor for each plan of activities, providing their contact information; and (vii) indicate the number of apprentices that can receive to develop the training for each activity plan submited. Individuals with their branches may receive from 1 to 5 apprentices. Entities with their branches may receive from 1 to 20 apprentices. In the case of being civil society organizations, they may receive from 1 to 5 apprentices.

The Program shall count with the supervision of the training, throughout the national territory, by personnel authorized by the STPS, who may, based on the manual established for this purpose, make physical supervision visits to the workplaces and their branches to gather evidence in order to verify that the training is carried out and that the Rules are met. Supervision may be complemented with the processes and protocols determined in the Program.

In accordance with the Rules, the main rights of apprentices are the following: (i) receive dignified, respectful, timely, quality treatment, and without discrimination for physical reasons, clothing, appearance, language, ethnic origin, sex, gender or religion or any other that breaches human dignity and has the purpose of nullifying or impairing the rights and freedoms of people; (ii) choose and apply to the workplace of their interest according to their profile, as long as it is available on the digital platform; (iii) receive financial support (equivalent to $6,310 pesos) directly and without intermediaries during the training, which shall have a maximum duration of 12 issues; (iv) receive coverage from the Mexican Social Security Institute, during the training period; (v) graduates of the Program shall obtain, through the digital platform, a training certificate, with which they will be able to prove the months of work experience acquired, this document will have a unique validation code that will allow its authenticity to be verified; and (vi) register their employment profile on the portal (www.empleo.gob.mx), in order to promote theirselves to access employment opportunities.

The main obligations of the apprentices are: (i) accept the terms of the commitment letter; (ii) attend the training proposed by the workplace in its terms; (iii) respect the code of ethics, internal regulations or policies of the workplace; (iv) carry out the theoretical and practical activities indicated in the plan; (v) care for and maintain the facilities and work equipment in good condition; (vi) provide the information and documentation that is required through the platform; (vii) notify the Program, through the digital platform, when the training is completed; and (viii) notify the Program their condition of not working or not studying to disassociate themselves from the Program through the platform.

On the other hand, the main rights of the applicant workplace are: (i) to receive information and guidance from the Program staff; (ii) decide in a well-founded and motivated manner the disassociation of the apprentice, concluding with the apprentice’s participation in the Program; (iii) hire the apprentice at any time during the training period; and (iv) grant recognition, prizes or cash aid to apprentices in order to encourage them, in the understanding that this shall not imply any subordination or dependency to the workplace and therefore, these elements cannot be considered as constitutive of a working relationship.

Likewise, some of the main obligations of the workplaces are: (i) provide facilities for STPS personnel to carry out verification visits and physical supervision in the workplace; (ii) not replace employees with apprentices, nor terminate an employment relationship with a young employee to later incorporate him as an apprentice; and (iii) not carry out training outsourcing activities.

The Rules indicate, among others, the following as grounds for dismissal of apprentices or beneficiaries: (i) being a beneficiary of another social program that grants educational scholarships; (ii) fail to comply with the schedules, activities or requirements of the Program; and (iii) showing up drunk or under the influence of any drug, as well as attacking the workplace or its personnel. The disengagement of an apprentice and/or beneficiary from the Program implies the suspension of the delivery of economic support. The apprentice shall be able to a re-association if he has a second chance, depending on the availability that exists.

The formats to apply to the Program are digital and can be found at the following address: https://www.jovenesconstruyendoelfuturo.stps.gob.mx. They may be freely reproduced and used, as long as their content is not altered and they are printed on letter-size white sheets.

These Rules entered into force as of the day after their publication in the DOF and the Operating Rules of the Youth Building the Future Program published in the DOF on December 29, 2021 are abrogated.

It is worth pointed out that, in accordance with the Rules, the authority performs a more direct intervention on the development of the Program, since (i) supervision measures are established through the STPS, for the verification of the Program and the progress of the apprentices; (ii) the preparation of training plans that shall be submitted to the STPS for authorization is regulated, with which real training and attention to apprentices can be developed; and (iii) a certain number of apprentices is also established, with which it will be possible to better monitor their development, as well as discourage the use of that workforce for the benefit of the workplaces at no cost to the latter.

At Trejo Gutiérrez Abogados, we have a group of experts in labor matters with more than 20 years in the market. In case you require additional information or a legal analysis, please do not hesitate to contact us. We will be glad to provide the personalized legal advice that you require.