Clipping of news on Brazilian Culture, Law and Citizenship
08/08/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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08/04/2016
According to the IBGE, unemployment reached a record in Brazil in the second quarter of this year, and many courses promise to interested right job after hiring and conclusion. As well as schools that claim to offer free courses, but charge expensive for the material used, eventually attract the consumer's attention. But as not always deliver what they offer, the Procon-SP Foundation, an agency of the Department of Justice and Defense of Citizenship of the State of São Paulo, guides the care and rights in hiring these courses.
In the first half of this year were registered 4,040 complaints against free courses in Procon-SP. The main problems are related to the contract: unfulfilled promises by these schools take the consumer to have trouble canceling the service. See the data here.
The market offers various options such as preparatory courses for civil service, language courses, computer science, design and photography, among others. Although there is no specific legislation governing these courses, like any activity to provide services, they must follow the rules of the Consumer Protection Code (CDC).
Before the contract is important to visit the site of the course, talk to other students and, if possible, take a class test before enrollment. Consult the registration Procon complaints and social networks to check for complaints against the school in question must also be measures to be taken at this stage.
The courses that promise right job after completion deserve special attention, since schools do not have to ensure the placement of the student in the labor market. As well as offering free courses and only charge the material: if the contractor becomes cashes with the course will find it difficult to return the material and recover the money paid.
Consumers should only sign the contract after read it carefully and make sure that it contained all the offers made verbally. It is necessary to observe if there was no whitespace, since some schools await the formation of groups with a predetermined number of students and leave blank clauses which provide for hours, the course start date and day of the week it will occur. The completion of these items after signing the contract can hardly be proven. Thus, if the consumer disagrees with the changes later practiced by the company and decides to give up the course, this may require the consumer to pay the fine for termination.
For vocational courses and that should expedite the completion certificate with qualification is required to be enrolled and registered with the competent body (nursing course, security, etc.). It is therefore important that before hiring this data is checked.
Cancellation of contracts
The conditions for cancellation must be clearly laid out, especially if there is a cost and time. Not attend classes does not imply that the consumer can cancel your contract without having to pay a fine for termination. However, the contract must not only penalize the consumer for the termination, but must also establish how it will be repaid in the event of termination caused by the supplier. The early failure of a course by the supplier must ensure the consumer a refund of the amount paid to the value adjusted for inflation.
According to the CDC, if the clause to cancel establish obligations placing the consumer at a disadvantage exaggerated or are inconsistent with good faith or the balance between the parties, it may be considered void.
To cancel a contract it is recommended to do so in writing, filed copy. Do not accept the argument that simply communicate its decision orally. Keep a filed copy of your order.
If hiring occur off-premises (by phone, at home or over the Internet), the consumer may withdraw from the contract within seven days of signing or receiving act of the product or service, with the right to return of amounts eventually paid, adjusted for inflation.
See here for more guidance on this subject.
Source: Procon-SP
To access the Procon-SP site, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.