What are the rights of a trainee in a company?

20 May 2022

What_are_the_rights_of_an_in-company_trainee

Today, internships are part of every business school student's curriculum and many of you are asking the same questions: Am I entitled to a bonus? Can I take time off? What about luncheon vouchers? Let's take a look at your rights as an intern.

What is a work placement?

An internship is a temporary period of work experience in a professional environment. It enables a student 鈥 registered at a university or higher education establishment 鈥 to acquire skills related to his/her training.

Please note that an internship cannot be considered as such if the intern's tasks consist in :

  • Replacing an employee ;
  • Performing a regular task corresponding to a permanent job;
  • Performing tasks that are hazardous to their health or safety;
  • Responding to a temporary increase in activity;
  • To fill a seasonal job.

The maximum duration of an internship is 6 months per host organisation per year. In other words, the actual time spent by the trainee cannot exceed 924 hours over the year.

Finally, an internship is always subject to an internship agreement signed by the various parties, i.e. the intern, the host company, the tutor or 鈥渋nternship supervisor鈥, the establishment and the intern's teacher-referent.

How to find an internship in a company?

What is the status of trainees?

Interns are not considered as employees, but they have rights and obligations towards their host organisation. The general framework for internships (obligation to draw up internship agreements, remuneration, number of interns per organisation, etc.) is set out in the Education Code (L124-1 to L124-20, D124-1 to D124-13, R124-10). The Labour Code provides for labour inspection controls and sanctions (R8113-3-1 and R8115-6) and the Social Security Code sets out the rules applicable to accidents at work (L412-8 and L412-9). The framework for internships also depends on various decrees, orders and circulars.

The rights and benefits of interns in companies

Finally, here are the main rights of an intern. Some are identical to those of employees, others are not, and some rules apply only to their status.

 

Working hours

In terms of working hours, compulsory daily or weekly rest, public holidays and night work, the law applies to interns in the same way as to employees.

 

Gratuity

Interns are not really referred to as 鈥渨ages鈥, but rather as 鈥渂onuses鈥. This financial compensation is compulsory if the internship lasts more than two consecutive months. From the 309th hour of attendance onwards, it is compulsory. The amount of the bonus is a minimum of 鈧3.90 per hour.

 

Leave and permission to be absent

After two months of internship, the agreement must provide for the possibility of the intern taking leave or absence. Note that payment for leave is optional. Similarly, if maternity, paternity or adoption leave is provided for, it is not compulsory to continue paying the trainee during this period.

 

Meals and transport costs

A trainee must have access to the company restaurant or meal vouchers under the same conditions as employees. Similarly, the employer is obliged to reimburse part of the trainee's transport costs.

 

Social and cultural activities

The social and economic committee (Comit茅 social et 茅conomique - CSE) offers the same benefits to trainees as to employees: gift vouchers, holiday vouchers, reduced rates, cultural or sports outings, housing assistance, etc.

 

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Interruption of the internship

An internship interrupted before its end may still be validated 鈥 by the educational establishment 鈥 in the event of illness, accident, maternity, paternity or adoption, or even in the event of non-compliance with the agreement by the company or improper termination at the initiative of the host organisation.

 

Certificate of placement

At the end of the placement 鈥 whatever its duration 鈥 the host company must provide a placement certificate showing the duration of the placement and, where applicable, the amount of the bonus.

 

In the event of employment

Many final-year students are offered an employment contract at the end of their placement. In this case, the probationary period is reduced by the duration of the internship. If you are a student at a school with a careers department, as is the case at 九色视频 Business School, don't hesitate to ask them for advice or to act as a conciliator with your host company.

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