On Tuesday 23 September, MEPs of the European Parliament’s Committee on Employment and Social Affairs (EMPL) are expected to approve the report by Alícia Homs Ginel (S&D, Spanish) on quality traineeships, which aims in particular to cover a wider range of trainees and to promote a definition of ‘trainee’.
According to the compromise amendments put to the vote, the directive (presented in March 2024) establishes a common definition of traineeships and a framework of principles and measures to improve and enforce trainees’ working conditions, “providing for: (a) the promotion of quality, transparent and accessible traineeships, that facilitate the transition from education to standard employment or access to a profession, through a significant learning and training component; (b) measures to detect and combat: i) practices that circumvent the purpose of traineeships; ii) the use of standard employment relationships disguised as traineeships”.
It does not apply to “(a) traineeships that are integral to and a mandatory part of the curriculum of formal higher education or vocational training and that are undertaken solely for the purpose of obtaining academic or professional credits; or (b) apprenticeships [within the meaning of the Council Recommendation of 15 March 2018 on a European framework for Quality and Effective Apprenticeships]”.
However, contrary to what the Council of the EU decided in its mandate (see EUROPE 13663/2), it applies to traineeships carried out as part of active labour market policies.
The Directive also defines traineeships as “comprising a limited period of entry-level work aiming to provide practical and professional skills through significant learning and training to facilitate the transition from education to a standard employment relationship or access a profession”.
This is done on the basis of a written contract between the trainee and the traineeship provider, which is paid in accordance with national law or the collective agreements or practices in force, adds the draft report.
The draft put to the vote also states that “traineeship providers should provide trainees with access to social protection in accordance with national schemes, including health insurance, unemployment benefits and pension contributions”.
In order to guarantee a significant learning and training component and decent working conditions for trainees, Member States “shall ensure that trainees are provided with a written agreement before the start of their traineeship [(‘traineeship agreement’)], which sets out, inter alia: a) the duration of the traineeship; b) the pay, in accordance with national law, collective agreements or practice and, where applicable, the Directive on adequate minimum wages; c) the learning and training objectives agreed between the trainee and the traineeship provider; d) the rights and obligations of the trainee and the traineeship provider and the tasks to be carried out by the trainee in order to facilitate the achievement of the learning and training objectives referred to in point c); (e) the traineeship provider’s policies on confidentiality and the ownership of intellectual property rights; (f) the arrangements for regular and consistent mentorship and evaluation to be carried out by the supervisor or mentor assigned for the duration of traineeship while guiding the trainee through the assigned tasks”.
Warning from SME representatives. On 22 September, SMEunited, the European representatives of SMEs, warned of the negative impact these amendments could have.
“While SMEunited recognises the importance of enhancing the quality of traineeships, we consider the proposed directive as counterproductive, particularly for SMEs. (...) This initiative goes against the simplification that is so much needed for them”, commented SMEunited in a press release.
“The proposal to introduce an EU definition of traineeship as an entry-level form of work is too far-reaching and fails to clearly distinguish between the legal status of trainees and employees”.
Companies would be required to provide a written agreement containing elements likely to blur the distinction between trainee and employee.
Links to amendments: https://aeur.eu/f/ijv ; https://aeur.eu/f/ijw (Original version in French by Solenn Paulic)