Most companies have vacancies for professionals who are still in training, so know in detail what are the trainee’s rights helps to avoid mistakes when hiring, after all they are also employees of the company and have rights and duties like any other employee.
Although HR is familiar with labor laws, it is important to note that the internship is not guided by labor laws. CLT, but by a specific legislation, the Internship Law (Law nº 11.788 / 2008).
In this article, we will address what are the trainee’s rights, including:
- Reduced workload;
- Paid vacations;
- Transportation assistance;
- Life insurance;
- Contract time;
How does the internship work?
Before understanding exactly what the trainee’s rights are, it is worth starting to assimilate what it is and how an internship works.
The internship is a professional activity that focuses on helping the development of professionals who are still in training, in addition to contributing to the insertion of these students in the formal job market.
Thus, one of the rules of the internship is that to be hired, individuals must be enrolled in a regular course at any level. Thus, students can be hired as interns of a company, students:
- higher education (technological, baccalaureate or licentiate);
- professional education;
- from highschool;
- special education;
- students in the final years of elementary school level II.
The level of education, obviously, will be defined according to the vacancy available in the company.
Companies must also be aware of the two main types of internship. The first is the mandatory internship, considered essential by the educational institution for the completion of the course. The second is the non-mandatory internship, in which the student receives an aid grant for the services provided, just as formal employees receive their salaries.
Among the trainee’s rights is their formalization made through a contract, just like with CLT professionals. In the case of the intern, this contract is called the Term of Commitment to Internship (TCE), and is signed by the contractor, the intern and the educational institution in which he studies.
How is the Internship Law?
Professionals hired by a company can count on CLT as legislation that guarantees their rights and also specifies their duties towards the employer. The same happens with interns, however, the legislation that presents what the intern’s rights are called the Internship Law.
THE Internship Law (Law No. 11,788) came into force in 2008, with the objective of maintaining discipline in the relationship between companies and interns, so that all organizations follow the same rules in relation to the professional internship regime, and guaranteeing rights and benefits interns.
The internship offered should always aim at the student learning and developing the skills of the professional activity in question, as specified in Article 2:
The internship aims to learn skills specific to professional activity and to contextualize the curriculum, aiming at the development of the student for citizen life and work.
Also according to the Internship Law, any legal entity, public or private, can offer the activity. More specifically, they are able to hire interns:
- Private legal entities;
- Bodies of the direct, autarchic and foundational public administration of any of the Powers of the Union, of the States, of the Federal District and of the Municipalities;
- Higher education professionals duly registered with the respective professional supervisory board;
- E-commerce companies.
What are the trainees’ rights?
In addition to being an important gateway to the job market, especially with the creation of a networking, the internship helps the student to have a real experience of the chosen profession, offering practical knowledge in the area in which he will work after graduating.
For the company, the paid internship can also be seen as a form of long-term investment, since it is contributing to the training of qualified professionals who will be able to work in the company itself.
But, for this period to be taken advantage of by both parties, it is necessary to know what the trainees’ rights are. After all, such rights also contribute to the intern’s learning experience about the job market.
Among the main rights of trainees, when in the non-mandatory professional internship program, are:
Every trainee has the right to receive a grant for the activities carried out, just as the hired employee receives a salary also for the activities carried out. Thus, it is the duty of the company to guarantee its remuneration.
This remuneration does not have a determined standard value. In general, the value of the remuneration will follow the salary floor of each professional area, being compatible with the remuneration practiced in the market as a whole.
It is up to the employer to establish the amount, which must be agreed between the parties and fixed in the contract (Term of Commitment to Internship).
The intern’s workday is shorter than that of a formal worker. The working hours will be defined in partnership between the company, the educational institution and the student, respecting the maximum workload of 6 hours per day and 30 hours per week, for higher education and high school students.
In some cases, the maximum workload can be up to 8 hours a day and 40 hours a week. These cases include courses that alternate theory and practice, and must be included in the pedagogical project of the educational institution and that the student is not in the classroom.
In practice, we see that the majority of internship vacancies in the labor market have a workload of 4 to 6 hours a day.
It is also indicated that, during test periods, the intern’s journey is more flexible, and may even be reduced by half. After all, an internship can never compromise your studies.
It is also important to emphasize that the intern cannot work overtime.
Among the trainee’s rights is also the 30-day recess, every 12 months worked. Vacations for the intern must be paid in the same way as for the CLT worker, that is, they are paid vacations.
As the internship is not seen as an employment relationship, the vacation payment does not include the constitutional increase of one third of the vacation, as well as the increase of the 13th salary.
If the internship contract has a duration of less than one year, the trainee can still exercise this right, proportionally.
It is also quite common for interns to take their vacations with the company at the same time as school holidays.
In addition to remuneration and paid vacations, it is part of the trainee’s rights to receive transportation assistance, always offered in advance by the company. The benefit works as an allowance for the intern’s displacement.
Although payment of the transport allowance is mandatory, other benefits such as food stamps and health insurance are not mandatory.
Still, the company can offer them to interns. In this case, due discounts will occur at the time of payment of the remuneration, which must be informed to the intern.
Break during working period
The intern is entitled to take a break during the work period. In general, companies usually offer a 15-minute break for every 6 hours worked per day.
It is worth remembering that this interval period should not be considered as an hour worked.
As determined by the Intern’s Law, the company must take out insurance for its interns that essentially covers personal accidents, death or permanent disability during the term of the Internship Commitment Term.
Life insurance should have a value compatible with that applied in the market and be covered. The coverage must also be valid for the entire national territory.
One of the points that deserve a lot of attention regarding the trainee’s rights is the contract time. The Internship Commitment Term with the same company must, mandatorily, have a maximum duration of two years.
The Internship Law allows only interns with a disability to have their contracts renewed for longer.
Therefore, after two years, the regular intern must leave the vacancy, even if he has not yet graduated from the course he is studying.
The Internship Commitment Term allows this agreement between company and intern to be “broken” at any time and by any of the parties. The company does not need to formally present any type of justification for the intern’s dismissal.
There is also no obligation for the trainee to comply with any prior notice, nor to impose fines for termination.
Compliance with the Intern’s Law facilitates compliance with the rules for both the company and the intern. All of this contributes to the student’s professional development, in addition to enrich the company’s practices.
Now that you know the trainee’s rights in a company, share this article on your social networks so that more people can clarify your doubts on the subject!