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5.3 How to Produce Clear and Transparent Regulatory Framework for Promoting Internships
5.3.1 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

The Charter of Fundamental Rights of the European Union

http://www.europarl.europa.eu/charter/pdf/text_en.pdf
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).

 

National Guidelines for the Operation of International Secondary Student Exchange Programs in Australia

https://www.deinternational.nsw.edu.au
Australian governmental guidelines as example for countries, how to coordinate mobility programmes.

 

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.

The SWOT - Skills for Work Opportunities in Eno-gastronomy and Tourism project © 2018