On Thursday 3 April, Member States’ experts will once again discuss the directive on quality traineeships and the fight against jobs disguised as traineeships in the Social Questions Group, on the basis of a new compromise proposal submitted on Friday 28 March by the Polish presidency of the EU Council.
The European Commission is adjusting its previous compromise proposal (see EUROPE 13584/20), for example on the new recital it introduced regarding the duration of traineeships. It adds that “in some cases, a longer duration may be appropriate, if it supports the placement’s objective“. The new recital reads as follows: “While the appropriate duration of a traineeship may vary depending on its purpose and sector, in accordance with national law or practice, a duration of up to six months is generally considered sufficient to achieve its intended objectives. A significantly longer duration, particularly where multiple consecutive traineeships are conducted with the same provider, may raise concerns about the genuine nature of the traineeship and should be carefully assessed. However, in certain cases, a longer duration may be appropriate if it supports the purpose of the traineeship”.
In the scope of application, it specifies once again that this directive should not apply to work placements carried out within the national framework for education or training.
It once again clarifies the definition of “false traineeship”, which “means any employment relationship, as defined by national law, collective agreements, or practice in force in the Member State, with consideration to the case law of the Court of Justice, that is […] claimed by [the] employer to be a traineeship but in […] fact does not fulfil the definition of traineeship under this directive resulting in a lower level of protection for the individual concerned than that afforded to a comparable employee”.
An “open market traineeship”, on the other hand, is a “non-mandatory“ traineeship based on a bilateral agreement between a trainee and an employer.
Regarding the detection of “false traineeships”, particularly by labour inspectorates, the text’s third point has been slightly reworked. The authorities can take at least three factors into account: the absence of a significant apprenticeship or training component; excessive duration or multiple and/or consecutive placements with the same employer by the same person; and equivalent levels of tasks, responsibilities and work intensity in relation to comparable employees.
As regards the means of reporting abuses and false traineeships, the new text also specifies that it is necessary to ensure, in cooperation with the competent authorities “or, where appropriate, social partners”, that channels are set up for trainees to report any suspected infringement of rights and obligations under this directive, and to provide information on these channels.
The previous version read as follows: “to ensure, in cooperation with the competent authorities or social partners, that channels are in place for trainees to report […] alleged infringements of rights and obligations under […] this directive, and provide information on those channels”. (Original version in French by Solenn Paulic)