Lifelong Learning Programme

This project has been funded with support from the European Commission.
This web site reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

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Policy Makers

This guideline provides the policy makers with specific suggestion on how to assess the impact of international and virtual internships. The guideline covers topic such as: creation of an observatory to trace the quality of work based learning approaches; promoting of international and virtual internships.
Table of Contents
4.3 A Clear and Transparent Regulatory Framework for Internships
4.3.2 Specifics of Regulatory Framework on European, National and Regional Level

EU legislation shelters thirty-two areas of activity. Education, training, youth and sport is one of them.

Central objective in the EU's educational policy is formed by mobility in education and training. Mobility is also an essential part of the freedom of movement of persons.

The Treaty of functioning of the EU states that the Union should complement and support Member States activities in the areas of social protection and social security of workers, working conditions, and also the integration of persons which are excluded from the job market and the combating of social exclusion.

Also specific rights and freedoms that are contained it the The Charter of Fundamental Rights of the European Union can be relevant to measures that may be decided concerning traineeships (see Operative Tools).

The most important regulatory framework in case of international internships is legislation of country, where hosting organisation is located. There are serious legal concerns that should be regulated on national level:

  • Under national legislation of every member state, every employee is entitled to a minimum wage, additional compensation for overtime and certain other benefits. An employment relationship will also have consequences for the employer relating to worker’s compensation, discrimination laws, employee benefits, state labour laws and unemployment insurance coverage.

  • In some cases exemption to the legislative requirements exists for people who work for their personal advantage rather than that of their employer. Such person may be considered a trainee instead of an employee for purposes of law. It is possible to identify some factors in deciding whether a work program was for the intern’s own educational benefit or the advantage of their employer. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship. Regulatory framework should also consider cases, when internship should be paid.

  • The internship, even though it includes actual operation of the facilities of the employer, is (according legislation) similar to training which would be given in an educational environment. The internship experience is for the benefit of the intern. The intern is not necessarily entitled to a job at the conclusion of the internship.

  • The intern does not displace regular employees, but works under close supervision of existing staff. Every mobility, or internship have to take into consideration these issues, which should also be regulated by national legislation, but in some framework coordinated by EU legislation: Social insurance, health care insurance, agreement with company, work safety, health, travel insurance, Other safety preconditions

Regional level rarely has ambitions to regulate internships. One exception is defining regulatory framework for support of internship and other types of mobility, as part of training system, which can be under decision making powers of regional governments.


Online Resource

Legal Requirements For Unpaid Internship Programs in USA
According to the Bureau of Labor Statistics, the unemployment rate is especially high among college students and recent graduates. For those unable to find paid work, an unpaid internship might seem like a useful method of gaining valuable experience, recommendations and even future job placement.

Analytical document
Analytical document accompanying the document Communication From The Commission To The European Parliament, The Council, The European Economic And Social Committee And The Committee Of The Regions Towards a Quality Framework on Traineeships Second-stage consultation of the social partners at European level under Article 154 TFEU.

Crystalizing the EU Digital Policy
 page 156) – book Crystalizing the EU Digital Policy

Europe’s debate over internships continues
Member states recently backed a European Commission initiative to safeguard interns from exploitation, but the move has been criticized by trade unions and youth groups. The issue of unpaid internships was broached by Martin Schulz, of the Socialists, and German Green Ska Keller in Monday’s (28 April) presidential debate between candidates for European Commission president.

Operative Tools

National Guidelines for the Operation of International Secondary Student Exchange Programs in Australia
Australian governmental guidelines as example for countries, how to coordinate mobility programmes.

European example – REGULATIONS for “Internship programme for logistics studies at the Faculty of Management, Bialystok University of Technology”
Regulation defines context, general principles, and recruitment for the Internships, evaluation and other relevant processes, including reimbursement of costs. Can be used as example.

The Charter of Fundamental Rights of the European Union
The Charter of Fundamental Rights of the European Union also contains a number of rights and freedoms which may be relevant to measures that may be decided concerning traineeships, in particular its Article 21 (Non-discrimination), Article 29 (Right of access to placement services), Article 31 (Fair and just working conditions) and Article 32 (Prohibition of child labour and protection of young people at work).

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This project has been funded with support from the European Commission. This web site reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein.