High Quality or Unpaid and Unregulated? - UN-EDUCATIONAL

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High Quality or Unpaid and Unregulated? - UN-EDUCATIONAL
High Quality or
Unpaid and
Unregulated?
Uncovering National Internship
Policies in Europe

                                  UN-EDUCATIONAL

                       NO PROSPECTS

         LOW-QUALITY

UNPAID
High Quality or Unpaid and Unregulated? - UN-EDUCATIONAL
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.

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