High Quality or Unpaid and Unregulated? - UN-EDUCATIONAL
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High Quality or Unpaid and Unregulated? Uncovering National Internship Policies in Europe UN-EDUCATIONAL NO PROSPECTS LOW-QUALITY UNPAID
We would like to thank all our member organisations who Contents contributed to this project: National Youth Forum of Bulgaria Summary 4 Austrian National Youth Council Introduction 6 German Federal Youth Council Methodology 8 Croatian Youth Network National Youth Council of Hungary Country Profiles The Romanian Youth Council 1. France - Best Practice 10 National Youth Council of Ireland Estonian National Youth Council 2. Romania 12 National Youth Council of Italy 3. Croatia 14 National Union of University students in Finland 4. Bulgaria 16 Youth Council of Slovakia National Youth Council of Slovenia 5. Austria 18 National Youth Council of Luxembourg 6. Ireland 20 The Lithuanian National Youth Council 7. Germany - Worst Practice 22 Portuguese National Youth Council The Federation of Dutch Trade Unions Young & United Conclusion and Recommendations 24 The Danish Youth Council Annex - Overview of Internship policies in Europe 28 The National Union of Students in Denmark European Trade Union Confederation Youth Committee Author: Jenny Ng Editor: William Hayward Design: www.dougdawson.co.uk Published: April 2022 Co-funded by the Erasmus+ Programme of the European Union 3
Summary Internships have become an and importantly ensure a minimum and access to social protection, and unavoidable rite of passage for many level of remuneration. introducing measures to guarantee the young people looking to start their quality of training for all internships. careers, with surveys indicating about However, many states do not have half of all young people in the EU have a dedicated legal framework for The shortcomings of internship policies completed one1. However, they have internships and they are often seen across a number of EU Member become notorious for exploiting young as a grey area under the law, open to States also highlights the limitations people through low or unpaid positions abuses and exploitation. In countries of the EU’s Quality Framework for that provide no learning content and such as Austria, the provision of Traineeships. For the Framework to no prospects of a permanent job at the remuneration, basic labour rights and be truly effective, it must be updated end, despite the ‘opportunities’ that social protection are largely subject to include a binding requirement for employers promise they may provide. to employers’ discretion because of all open labour market internships loopholes in the law. In others, such as (where they exist) to guarantee full Despite their prevalence, there is little Germany, unpaid internships outside employment rights along the lines information on how internships are of education have even been classed as of the best practice presented in this regulated across Europe. To address a legal practice, giving a greenlight for report. this, the European Youth Forum employers to exploit young people as mapped out the national internship unpaid workers with no guarantee of Young people across the EU want policies of a selection of European quality training. decent jobs that will jumpstart their countries, with seven detailed country future. Strong internship policies profiles presented in this report Many young people are therefore that ensure protection and quality, (France, Romania, Croatia, Bulgaria, left unprotected by national policies, and their effective implementation, Austria, Ireland and Germany). The treated unequally as opportunities are are essential for making this happen profiles are also ranked from best limited to those who can afford to work through a successful school to work to worst, highlighting how different unpaid, and exposed to the risk of low transition and the promotion of equal countries protect interns or leave them quality internships which often replace opportunities for all young people. exposed to exploitation. real jobs. France and Romania, which are ranked To address this, we call on governments highest in our report, have robust to implement the best practice legal frameworks for internships that highlighted in this report. This means eliminate loopholes and entitle interns ensuring that all interns outside of to protections, labour rights, training education are clearly recognised as employees who are entitled to labour 1. 46% of young people surveyed in 2013 reported rights such as the minimum wage having completed an internship - Eurobarometer 378 4 5
Introduction Internships are often targeted at lead to a reduction in good quality However, this compensation shouldn’t whilst highlighting the examples of young people to provide them with a entry-level positions, which employers be considered as a salary, given that best practice which uphold young temporary experience in the workplace can substitute with unpaid internships an internship during education people’s access to quality training where they may perform work and to save on costs. So, instead of should have a focus on learning (with and employment rights during their develop their skills. They can take place providing a bridge to a job, internships regulations guaranteeing the quality internships. in the framework of formal education, can actually lead to the disappearance of this learning) to complement their but also outside of education on the of the very jobs young people are studies with workplace knowledge, By highlighting the shortcomings in open labour market or organised by hoping to secure. rather than performing work normally internship policies we hope to promote public employment services as part of undertaken by employees. In France progress towards our vision of what active labour market policies (ALMP). For the individual young person, for example the law states that student quality internships should be, as set out For many young people they are an working for free not only means being interns are not allowed to perform work in our Quality Charter for Internships unavoidable part of their journey denied the recognition they deserve normally carried out by employees and Apprenticeships2. to finding a permanent job, with for their efforts, but also a lack of access and they are entitled to compensation employers often expecting young to basic rights such as paid sick leave, that is calculated as a percentage of people to have already completed one health insurance and unemployment social welfare which is expressly not or multiple internships. benefits. This can place them in an considered a salary. extremely precarious position with Yet, internships are frequently criticised very little financial security, which, in As part of our efforts to promote better For the individual young person, for their low quality, failing to uphold turn, can have an impact both on their quality internships, we have mapped basic labour rights or to provide any wellbeing, and on the extent to which out national internship policies across working for free not only means meaningful learning content. As youth they can actively contribute to society. a number of European countries in this being denied the recognition organisations have highlighted in our report. We focus in particular on seven they deserve for their efforts, report, these low quality internships We believe that all internships outside countries which demonstrate some of but also a lack of access to are unfortunately common practice in of education must be remunerated the best and worst internship policies basic rights such as paid sick many countries in Europe. in line with minimum wage laws or in Europe: France, Romania, Croatia, collective agreements, recognising Bulgaria, Austria, Ireland and Germany. leave, health insurance and The existence of unpaid internships that interns perform work that entitles unemployment benefits after education can have serious them to be treated on an equal basis as We rank each country’s policy consequences on individual young other workers. Internships undertaken framework according to a number of people and on the rest of society. as part of formal education by students quality criteria (principally the legal They restrict opportunities to a select should also provide compensation, in status of internships, remuneration, number of young people whose order to cover living costs and the costs and learning content). We also families can afford to support them incurred as part of the internship (such uncover the legal loopholes and policy through a period of unpaid work, which as travel) in order to ensure that they failures that allow for low quality and 2. European Youth Forum Quality Charter for Intern- entrenches inequality. They can also are accessible for all young people. unpaid internships to take place, ships and Apprenticeships (2011) 6 7
Methodology To map and rank different national Remuneration: Worst practice Unfortunately, information on national The research and the questionnaire internship policy frameworks in Europe, is reflected in policies that make level internship policies in Europe and enabled us to identify countries with we undertook a process of defining unpaid internships post-education the experience of young interns is the best and worst practice and they quality criteria, collecting information legal, and where unpaid internships not widely available. This means that have been presented in the profiles on those criteria from existing research are a common occurrence. The exploitative practices enabled by gaps within this report. Within each profile, and youth organisations before minimum level of remuneration an in policy frameworks can remain a the information is outlined according selecting the best and worst practice intern can receive is another quality hidden problem with little action taken to the quality criteria we defined and to be presented in this report. Each consideration, with access to at least by policy-makers. each country ranked from best to country is ranked according to how the minimum wage (which should worst depending on their performance well they match with our quality be above the poverty threshold of To overcome this problem, we across the criteria. In addition to the in- criteria. 60% of median income) representing designed a questionnaire for national depth profiles, we provide an overview best practice in post-education level youth organisations covering the of all the other countries analysed as For the definition of quality criteria for internships, and the provision of a different quality criteria above, as well part of the project in the annex. national internship policies we relied on stipend or other compensation best as examining the research that does the provisions outlined in our European practice for education internships. exist on internship policies. We received Quality Charter for Internships and responses from 19 youth organisations Apprenticeships and tailored them to Learning content: Measures to (a full list can be seen at the beginning allow for a ranking of national policies: ensure the quality of learning can of the report), the majority of which include the obligation to develop are National Youth Councils, but also Legal status of interns: A lack a learning plan that sets out the national student organisations and of legislation or insufficient skills the young person should the youth sections of trade unions, in enforcement of legislation on the gain, the assignment of a mentor, addition to support from the European quality of education and post- the provision of regular feedback Trade Union Confederation Youth education internships represents and a certificate at the end of the Committee. worst practice, whereas the clear internship. definition of internships in legislation and the enforcement of these laws Other quality criteria: Access represents best practice. Another to social protection, redress element of best practice can be the mechanisms in cases of abuse, restriction of internships to only take transparent advertisement place in education to prevent the and recruitment processes and replacement of standard jobs with restrictions on the ratio of interns internships. to employees represent other important quality criteria for internships. 8 9
Country Profile Learning components Legal status of interns The educational institutions the interns Stages (internships) are strictly are affiliated with usually require regulated in French law. They must learning standards to be included in be current, full-time students of an the contract. French law also stipulates accredited educational institution to be that a tutor must be assigned to the eligible, meaning open labour market interns. It is encouraged to provide the internships are prohibited. A tripartite interns with regular feedback and an written contract between the employer, end-of-internship evaluation. In fact, intern, and the school is required and interns must complete a rapport de no internship can be longer than six stage for their schools to detail their months. The intern is also added to responsibilities and experiences. 1 the employer’s staff register, which enables labour inspectors to investigate Some interns learn by completing employers to check if legislation is regular tasks autonomously, but implemented. legislation forbids using interns to fulfil tasks generally performed by regular France Interns who work 308 hours or more (more than two months) are generally entitled to the same rights and staff. Other quality measures protections as regular employees, Other measures to prevent replacing with one important exception as their staff with interns and to encourage compensation is set at a level below youth employment include the national minimum wage. limiting the intern-to-staff ratio to 10% of the number of employees. Internship Laws Remuneration allowing the internship period to Internships are strictly regulated and can only take place within formal Any internship equal to and longer replace regular probation periods education curricula than 308 hours (two months) must be if interns are hired as regular staff Interns are entitled to all the rights guaranteed to regular staff (such as compensated with at least €3.90 per afterwards. social protection and redress mechanisms) hour, approximately €600 per month imposing mandatory breaks for (the statutory minimum wage in employers between hiring interns Unpaid Internships France is €1,555 per month). again for the same position (the Internships lasting two months or less as part of education can be unpaid break must equal at least one-third Interns working for more than two months are entitled to at least €3.90 In addition to compensation, interns of the entire internship period). per hour, equal to approximately €600 per month (depending on the are also entitled to food vouchers, number of days worked) transportation subsidies, and all other Conclusion Unpaid internships outside education are illegal but on rare occasions do basic social protection such as paid sick France’s national internship policy take place leave, holiday leave and maternity leave. covers almost all aspects concerning internships, guaranteeing interns Illegal unpaid internships on the open access to basic rights, compensation labour market are reported to take and preventing companies from place, where employers use a fake hiring interns as a cheap replacement university to give the impression that for regular staff. Youth organisations the young person is still in education to in France do highlight that it could circumvent the laws. These are rare, but be further improved by extending demonstrate that enforcement of the compensation and social protection law could be improved. also to interns who work less than 308 hours. Nevertheless, the French model is the most comprehensive and strictest in Europe. 10 11
Legal status of interns Conclusion A written contract is required between Romania can be regarded as having the employer and intern, and the one of Europe’s most comprehensive internship cannot exceed six months legislations on internships to ensure in duration. Basic social protection a structured programme to protect such as annual leave, health insurance young people transition into work. and unemployment benefits are From the accounts of our member mandatory (although paid sick leave is organisation, exploitation and unpaid not provided), and they are protected internships do exist.4 However, these under the same redress mechanism instances are clearly stated as illegal as the staff in the case of abuse practices, and other conditions are and harassment. Moreover, specific in place to promote good practice 2 legislation fosters a transparent and by employers, such as limits on the fair recruitment process that curbs number of interns in one organisation. discrimination. The drawback of the Romanian framework is insufficient enforcement On top of this, the number of interns of the law, the lack of paid sick Romania cannot exceed 5% of the total number of employees in an organisation, and the government provides a subsidy leave and below minimum wage remuneration for interns which may expose them to poverty and restrict of approximately €1,000 to employers opportunities for marginalised youth to who hire young people for a minimum take up an internship. of 2 years after their internship contract is completed. Internship Laws Remuneration Internships are highly regulated with specific legislation that outlines Unpaid internships are illegal according clear employment and training rights for interns as well as conditions on to national legislation, and interns employers to promote quality internships are entitled to 50% of the national minimum wage, amounting to €236 Unpaid Internships per month.3 However, according to the Interns are entitled to 50% of the minimum wage, equivalent to about National Youth Council of Romania, €236 per month some employers avoid these rules by Unpaid internships on the open labour market are illegal, but the laws illegally offering unpaid internships without explicitly calling them an The government provides are circumvented by employers who occasionally advertise illegal unpaid internships internship to circumvent legislation, a subsidy of approximately even if in practice it meets all the €1,000 to employers who hire criteria for one. young people for a minimum of Learning components 2 years after their internship Learning objectives and plans must contract is completed. be included in the written contract with interns. Interns are also guided by a mentor, and if the organisation has more than 12 interns, an intern coordinator must be assigned. Regular feedback and evaluation to the interns are encouraged to enhance the learning experience. Upon completion of the internship, a certificate must be provided. 3. The national minimum wage of Romania is 4. For example,interns might be handed too much equivalent to €472 per month. Eurofound (2021) work and menial tasks that are considered Minimum wages in 2021: Annual review. undesirable by other staff members, contributing to overwork and stress. 12 13
Legal status of interns remuneration is above the national Internships are legally regulated as minimum wage. Unpaid internships on part of education curricula and post- the open labour market are illegal in education ALMP internships. They Croatia and the law on this is followed can be catered to youth at different with no practice of unpaid internships educational levels, from students in outside of education. high schools to higher education. ALMP internships are recognised as However, there is no obligation workers, and written contracts must be to provide any compensation to reviewed by the National Employment internships undertaken during Service, and social protections enjoyed education and in practice the majority by regular workers granted to the are unpaid, especially in the fields of 3 interns. As part of formal curricula, health, social work and education. internships tend to be less protected since they are not deemed part of the Learning components labour force and it is not obligatory to Provisions to facilitate learning for Croatia have a written contract. Whether interns have access to redress interns are encouraged in the national policies, such as assigning mentors or supervisors, giving regular feedback, mechanisms depends on the internal and providing an evaluation. However, rules of the company, in practice many they are often not implemented in do not have access. The National Youth practice. Council of Croatia notes that employers are less inclined to extend or renew Conclusion the contracts of interns who ask for Croatia’s policy to categorise ALMP Internship Laws maternity or paternity leave. interns as workers brings a number Open labour market internships are not defined or regulated by law and of important benefits such as having are also not common in Croatia, but other forms of internships exist and Remuneration the written contracts reviewed by the are subject to regulation: Previously unpaid ALMP internships National Employment Service, granting Internships as part of formal education curricula have been promoted by the Croatian full social protection, and a minimum Active labour market policy (ALMP) internships organised by public government, but these programmes level of remuneration. However, employment services for unemployed young people have been replaced by a new ALMP stronger implementation of the internship policy which ensures a training requirements for internships Unpaid Internships minimum remuneration of 85% of is required. The lack of measures to There is no obligation to provide compensation to internships in the salary for the job role. The amount ensure any compensation to interns education and they are often unpaid depends on the job they perform enrolled in education should also be ALMP interns receive 85% of the salary of the job they perform and the industry they are in, with addressed by the Croatian government Unpaid internships on the open labour market are illegal and do not no ceiling in place on the amount to ensure a decent standard of living take place in Croatia they can receive, typically the level of and equal opportunities. 14 15
Legal status of interns NYF also highlights that abuse of A tripartite agreement between interns often occurs, with cases where the employer, the intern, and the employers have hired interns in the educational institution is required summer to cover for other staff being for internships within the education on leave, and quickly dismissing them curriculum, while only a bilateral one once other staff return. is needed for open labour market internships. Learning components Internships in Bulgaria are generally Nevertheless, both forms of internships well-structured with learning objectives are regulated by employment law, and plans included in the written with most open labour market contract, and regular feedback and 4 internships subject to the provisions of end-of-internship evaluation are Article 233 of the Labour Code, which provided to the interns during their sets out internship regulations for training. For open labour market young people up to age 29 without internships meeting the provisions work experience. According to this of Article 233 of the Labour Code, it is Bulgaria legislation employment rights such as remuneration and social protection (health insurance, paid sick leave, mandatory to assign a mentor with at least 3 years experience to the intern. maternity and paternity leave, and Conclusion unemployment benefits) are all Bulgaria has dedicated legislation provided to interns and the duration of on internships that sets out clear an internship is limited to between 6 measures to protect their quality. More and 12 months. importantly, this legislation recognises Internship Laws that internships are fully covered by Internships are regulated with dedicated legislation that entitle young Interns should be entitled to the same labour law, such as the entitlement to people to equal rights as other workers (minimum wage, social protection). redress mechanisms as regular staff national minimum wage (although, The types covered are: in cases of discrimination and abuse the adequacy of the minimum wage Praktika (practice) - internships for youth who engage in secondary and advertisement and recruitment should be improved) and access to vocational education process should be transparent to social protection. However, these Curricula internships for students enrolled in higher education prevent discrimination and nepotism. measures to ensure the quality of Post-education internships on the open labour market internships are severely undermined by Remuneration the fact that employers can circumvent Unpaid Internships Interns falling under the provisions of these rules through unpaid internships, Unpaid internships taking place outside the dedicated internship laws the Labour Code are entitled to at least which are not prohibited by law. are legal and a common occurrence the national minimum wage, which is For open labour market internships that follow the internship laws, currently set at €332 per month5. interns are entitled to at least the national minimum wage, equivalent to €332 per month. However unpaid internships are common according to the National Youth Forum of Bulgaria (NYF) and often a legal practice, usually taking Measures to ensure the quality the form of ‘summer internship of internships are severely programmes’ which typically last 2 months in duration. This provides undermined by the fact that an option for many internships to employers can circumvent circumvent the quality criteria outlined these rules through unpaid in the Labour Code. internships, which are not prohibited by law. 5. Eurofound (2021) Minimum wages in 2021: Annual review. 16 17
Legal status of interns education are somewhat common, There is no legal definition of showing that this loophole is taken internships in Austrian law, but advantage of by employers, whilst internships as part of education and the majority of those taking place post-education are common. during education are unpaid. Unpaid internships are especially common in In Austria the law distinguishes the health and social care sectors, as between relationships with employers well as the media, cultural and creative that are educational (characterised by sectors. a lack of obligation to perform work) and those that are work relationships, As there is no statutory minimum which must follow general labour wage, with remuneration being subject 5 law. The ambiguity around the to collective agreements which vary legal status of interns means that by sector, it is difficult to identify an employers can define internships as average level of remuneration received an educational relationship and avoid by interns when they are paid. any obligations they would have to Austria them as employees, even if the intern is in practice performing work for their employer. A contract is needed for Learning components Apart from compulsory internships in sectors such as law and teacher post-education internships, however training, most internships do not these can be simply verbal contracts, have regulations regarding learning whilst internships included in formal components to ensure maximum education require an agreement that educational benefits for interns. should adhere to training regulations Internship Laws and the curricula. Social protection Conclusion There is no specific regulation or definition of internships. However several types of such as paid leave, unemployment The lack of regulation and definition internship practices can be identified: benefits, health insurance, and redress of internships in Austria leaves a Fachhochschulen: Compulsory internships as part of formal curricula for certain mechanism in cases of abuse and significant loophole where young professions (such as law and medicine) harassment are only granted to post- people can be denied their rights Ausbildunsverhältnis or Volontariat: non-mandatory internships during education education internships classified as to fair pay and social protection in or after graduation an employment relationship and ‘educational’ internships that take Schnupperlehre - short-term job shadow ing therefore covered by general labour place after graduation. The existence law, while those categorised as an of verbal contracts also contributes to Unpaid Internships educational relationship (during or the precarity that young interns face in Internships on the open labour market should in theory be remunerated post education) do not provide any their working conditions, whilst the lack according to sector specific collective bargaining agreements access to social protection. Similarly, of measures to ensure the quality of However internships on the open labour market can be legally unpaid if only internships covered by general the learning content increases the risk categorised as an educational relationship and this commonly takes place labour law are required to meet policies that young people are simply carrying Internships undertaken as part of education are usually unpaid on transparent and fair recruitment out work through unpaid labour, rather processes. As there is no specific than developing their skills. regulation on internships there are no restrictions on their duration. Remuneration Austrian law suggests that unpaid work should not exist. However, a significant loophole allows unpaid internships to legally exist, even if outside of education, as long as they are framed as an educational relationship. The Austrian National Youth Council reports that in practice unpaid internships after 18 19
Legal status Learning components There is no legal definition of Apart from compulsory internships for internships in Ireland. General labour specific professions, such as medicine, law should apply to internships, and engineering, and law, a structured interns should be entitled to the same learning programme is not required. rights as other workers, including access to social protection, the Conclusion minimum wage and other measures Whilst many internships adhere to such as protection from sexual labour law, the National Youth Council and other types of harassment or of Ireland highlights that unpaid discrimination.6 However, employers internships remain a common practice often choose not to recognise interns’ in Ireland, demonstrating a serious 6 entitlement to labour law arguing lack of action by the government to that they are not performing work of ensure employers comply with the value, with the government normally law against unpaid work. This is made turning a blind eye to this and leaving even worse by the fact that there are young people unable to access their no requirements to ensure quality Ireland employment rights with even a written contract being at the discretion of the employer. training is provided to the intern, even when an internship is categorised as an educational opportunity by an employer. This leaves young Remuneration people vulnerable to not having any Legally, the national minimum wage, employment rights and unable to learn €10,20 per hour, is guaranteed to skills to support their development. workers. The government outlines Internship Laws that anyone performing work that is There is no legal definition of an internship or specific internship of value to the employer should be contract in Ireland, but they are a common practice for young people recognised as a worker and covered by in education and on the open labour market the minimum wage. Unpaid Internships However, people aged 19 and below Unpaid work is illegal in Ireland, but the law is often not enforced when are unfairly subject to lower rates. it comes to internships, with unpaid internships a common practice Moreover, employers may argue that and often advertised publicly interns are not producing work of value to the company and therefore they have no obligation to treat them People aged 19 and below are as a worker. Unpaid internships are unfairly subject to lower rates. especially prevalent in sectors such as NGOs, media and culture. They Moreover, employers may argue have also been actively promoted that interns are not producing through government schemes, such as work of value to the company JobBridge.7 and therefore they have no obligation to treat them as a 6. Irish Congress of Trade Unions.Interns Rights worker. 7. Indecon. Indecon evaluation of JobBridge activation programme. 2016. 20 21
Legal status of interns Conclusion There is usually a written contract The existence of three month unpaid between the employer and intern, but internships in Germany, whilst short it is not legally required and can be just in duration, pose a significant risk of a verbal contract. Internships lasting exploitation, especially as there are longer than three months (apart from almost no measures to ensure that mandatory ones during education) these positions provide good learning provide access to basic social opportunities and there is no obligation protections and labour rights such as for a written contract. This system can access to redress mechanisms, on an easily be abused to hire young people equal basis as regular employees. as unpaid labour with little or no training provided. Even when a stipend 7 Remuneration is provided, it is often insufficient to Internships lasting up to three months cover living costs for marginalised can legally be unpaid in Germany, youth who remain unable to access the those longer than three months must positions9, meaning that these entry comply with the national minimum routes into the world of work tend to be Germany wage of €9,50 per hour. Mandatory internships as part of education can legally be unpaid even beyond three accessed only by those who can afford them. This is further compounded by the lack of any compensation for months. mandatory internships in education. Despite the fact that internships even below three months in duration are often remunerated in line with the Internship Laws minimum wage of €9,50 per hour, There is not one specific law that defines and regulates internships, a many only provide a stipend. The number of different categories of internships exist in Germany which German government offers three are subject to different conditions: month internships with an expense Mandatory internships as part of education curricula (such as for law allowance of €300 per month (which is and medicine) subject to taxation, and the allowance Voluntary internships during education for interns was the same 10 years ago, Internships on the open labour market whilst the minimum wage has steadily increased since its introduction in Unpaid Internships 2015)8 . It is common for internships lasting less than three months to be unpaid, and this is legal. Learning components Internships lasting longer than three months must comply with Apart from the strictly structured the minimum wage, except for those that are a mandatory part of mandatory internships, such as for education curricula law and medicine students, most internships in Germany do not focus on and are not required to have educational elements. 8. German Federal Ministry of Labour and Social Affairs. 9. According to the Fair Internship Initiative’s Internship Internships Survey Report of 2017 marginalised youth were just as unlikely to be able to access unpaid internships as those with a small stipend 22 23
Conclusion and Recommendations This mapping of internship policies unpaid internships during and outside has revealed the wide diversity in of education are actually a legal quality that exists in Europe. France practice (if less than three months) and and Romania stand out as the with no measures to enforce quality two best policy frameworks of the training; this leads to a system that can countries we have examined, with easily be abused to use interns simply specific regulations that set out clear as free labour. employment and training rights for interns and conditions on employers to The analysis highlights that in ensure good practice (although in each many countries young people are case youth organisations point to a unprotected by the policies in place at number of measures needed to further national level, either through policies promote quality). that legalise exploitative practices, or loopholes that allow them to take At the other end of our ranking place. To address this, we call on Austria and Ireland outline no specific national governments to implement regulations for internships and the the best practice highlighted in this freereign given to employers to define report: the internship relationship as ‘just an educational experience’ is frequently Where internships exist outside of exploited to hire young people as education, interns must be clearly unpaid interns with no guarantee recognised as employees, entitled of quality training opportunities. In to the application of general labour Bulgaria the high quality regulations law on an equal basis as other for internships are undermined by the workers (for example coverage under legal practice of unpaid internships minimum wage laws or collective outside of the legal framework, making agreements, social protection, it very simple to circumvent the redress mechanisms in case of regulations on internships. In Germany abuse) 24 25
All internships must be based on circumvent these laws through lower employers have power and discretion a written contract and include quality internships. to force unfair conditions on interns. measures to ensure quality training (such as the assignment of a mentor, Providing compensation for internships To ensure better outcomes for young a written learning plan, the provision taking place during education can help people it must be updated with a of regular feedback and a certificate to cover living costs for an intern and binding requirement for all open upon completion.) ensure that the internship is accessible labour market interns to be recognised vOther important measures to for those with low income (as is done as employees and entitled to either the guarantee quality include: in France). However, it is critical that statutory minimum wage or coverage A maximum ratio of interns to provisions are in place to ensure that under collective agreements - without staff internships during education are exceptions, as well as full access to A maximum length of duration learning experiences that contribute social protection on an equal basis as of an internship (for example 6 towards an interns’ formal education, other employees. months, as in France) to prevent them being used to Financial incentives to perform work normally carried out By taking action at EU level to encourage employers to hire by employees. Without measures to ban unpaid internships and the interns permanently guarantee the learning dimension, introduction of quality internship The enforcement of internship then the intern essentially becomes an policies at national level we can legislation to prevent illegal employee without any employment take important steps towards equal practices rights. opportunities for all young people as Break periods for employers well as contributing to a more secure between the hiring of interns The failures in internship policies transition from school to work that is Transparent advertisement and across a number of EU Member free from precarious jobs. hiring States investigated in this report Compensation such as a stipend also highlights the limitations of the for internships undertaken European Quality Framework for during formal education Traineeships, which sets out policy The analysis highlights that in recommendations on open labour many countries young people France and Croatia provide good market internships for EU Member are unprotected by the policies examples of where internships States. The recommendations in are restricted, only taking place the Quality Framework are silent in place at national level, either in education or through active on whether internships should be through policies that legalise labour market policies. This can be remunerated at all and at what level, exploitative practices, or one method to help promote the in addition there is no guidance on loopholes that allow them to creation of quality entry-level jobs, as what access they should provide to employers must offer employment that social protection. These gaps allow for take place. adheres to general labour law rather loopholes and exploitative policies at than exploiting the opportunity to national level to be continued, where 26 27
Annex - Overview of Internship policies in Europe Based on feedback from youth organisations Luxembourg Netherlands Lithuania Denmark Germany Romania Portugal Hungary Belgium Bulgaria Slovenia Slovakia Sweden Czechia Finland Estonia Croatia Austria Ireland Poland Cyprus Greece France Latvia Malta Spain Italy Legal Status - Type of regulation* Unregulated Regulated but low quality Regulated and high quality Banned from labour market Remuneration Are unpaid internships legal? # How common are unpaid internships within C V C V C C V V C U U V C C U C V C C V U U U V V V C education?** How common are unpaid open market intern- C C C U C U V V C N/A U V C C U N/A V C V V U U C V V C C ships?** Social protection Internships within education ?## Internships outside education ?## N/A N/A Learning components Are there measures to ensure quality learning opportunities? * Unregulated - There is no specific Regulated and high quality - ** V - very common, unpaid # Student internships up to 2 months regulation or definition of internships. Internships are specially regulated, internships represent the majority in duration can be unpaid General labour laws should apply but with dedicated internship contracts. of the country’s internships as internships are a grey area in the Interns are entitled to the same C - common, unpaid internships are ## Social protection for interns law, they can be circumvented. conditions (minimum wage, social common in Finland are not divided by Regulated but low quality - protection etc.) as other employees. U - uncommon, unpaid internships categories of within and outside Internships are specially regulated, Restricted to education - are rare education. Instead, interns who with dedicated internship contracts. Internships are specially regulated X - no, unpaid internships are have contracts are fully protected, However, interns are not entitled and can only take place in the outlawed while uncontracted and unpaid to the same conditions (minimum framework of education, internships interns have no protection. wage, social protection etc.) as other on the open labour market are employees. banned. 28 29
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