TRAINING INTERNSHIP: GUIDELINES
On January 24, 2013, the Permanent State-Regions Conference issued the guidelines for training internships , as required by Article 1, paragraph 34 of Law No. 92/2012, which the Regions and Autonomous Provinces must adhere to. When the internship or training program includes training activities in multiple Regions, the regulations of the region where it was activated must be followed. Even if the internship or training program does not constitute an employment relationship, the host organization is required to notify the Employment Centers (formerly placement offices).
Internships or training courses are considered an active policy training measure and aim to create direct contact between the host organisation and the intern , in order to acquire a set of professional skills that can enrich their knowledge and facilitate their entry or re-entry into the job market.
Of interest is the document entitled “A Quality Framework for Traineeships ” presented by the European Commission on 18 April 2012 as part of the communication “Towards a job-rich recovery”, which calls for the creation of a “ European Traineeship Contract ”, which should serve as a guide for all states for achieving professional and learning objectives, the duration as well as the amount in euros to be allocated to the trainee .
The internship guidelines do not apply to :
- to curricular internships promoted by universities, educational institutions, and professional training centers;
- to periods of professional practice, in addition to the internships required for access to professional associations;
- to transactional internships , i.e. those carried out within community education and training programmes, such as the Lifelong Learning Programme;
- to internships for non-EU citizens promoted within the entry quotas;
- to summer internships .
Furthermore, the guidelines have established some tools with which to try to limit its abuse , namely:
- the internship must not be used for work activities for which a training period is not necessary;
- The intern may not in any way replace workers hired on fixed-term contracts during peak periods, workers absent due to illness, maternity leave, or holidays, nor to fill roles necessary for the organization of the same.
Interestingly, the minimum amount to be paid to the intern has been set at 300 euros per month, which is considered tax-equivalent to income from employment. This amount, however, does not apply to those receiving income support (e.g., those receiving social safety nets).
Finally, the period during which the person undertakes internships or training does not cause them to lose their unemployment status.
THE THREE TYPES OF INTERNSHIPS AND THEIR DURATION
The three typologies envisaged by the guidelines are:
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The guidelines have set a maximum time limit for the duration of internships , including any extensions:
- six months for training and orientation;
- twelve months for induction and re-induction internships ;
- twelve months for internships carried out for disadvantaged individuals;
- twenty-four months for internships carried out by disabled people.
For these latter individuals, the Regions and Autonomous Provinces will be able to establish incentives that guarantee inclusion, in addition to any exemptions regarding both duration and availability.
The intern is entitled to suspend the employment relationship only in the event of maternity leave or long-term illness, i.e., one that lasts for a period equal to or greater than one-third of the internship or completed internship.
MAXIMUM NUMBER OF INTERNSHIPS THAT CAN BE ACTIVATED AT THE SAME TIME
The maximum number of interns that can be activated at the same time is established by regional laws and those of the autonomous provinces.
The guidelines, in the meantime, have provided for the following:
- an intern in operational units that have no more than five permanent employees;
- two interns in operational units with between six and twenty permanent employees;
- 10% rounded up to the next whole number, for operating units with twenty-one or more employees.
The limitations just described should not be considered when activated in favor of disabled people, people considered disadvantaged, or applicants for political asylum and international protection.
PROMOTING AND HOSTING SUBJECTS
It has been established that the following must promote training internships :
- employment services and regional employment agencies;
- state and non-state higher education institutions that issue degrees that have legal value;
- public or publicly-owned professional training and/or orientation centres, in addition to centres operating under an agreement with the competent region or province, or which are accredited;
- therapeutic communities, auxiliary bodies and social cooperatives, provided that they are registered in the regional registers where they exist;
- job placement services for disabled people managed by public bodies delegated by the region;
- private non-profit educational institutions, operating under specific regional authorization;
- subjects authorised to act as intermediaries by the Ministry of Labour and Social Policies pursuant to Legislative Decree no. 276/2003 .
Hosting entities are the public or private entities where the internship or training program is conducted . These entities cannot conduct more than one internship with the same person, respecting the duration limits set by the guidelines. We usually rely on an internship desk .
Some constraints have been established for the internship . The first concerns the host organization, which must be in compliance with:
- the legislation on safety in the workplace;
- Law no. 68/1999 ;
- not having carried out dismissals except for those for just cause or justified subjective reasons;
- not have ongoing CIGS or derogation procedures in the same operational unit for activities that are equivalent to those for which you intend to activate an internship .
Finally, it was clarified that interns must not be used for activities that are not consistent with the training objectives of the internship .
HOW TO START AN INTERNSHIP OR TRAINING PROGRAM AND INSURANCE GUARANTEES FOR INTERNS
Training internships are conducted after specific agreements have been signed between the promoters and the host organizations, both public and private.
A specific training project for each intern must be attached to the agreement , using the forms prepared by the individual Regions or Autonomous Provinces, which must be signed by the three parties involved in the internship : the host entity, the intern and the promoting entity.
Attention
The training project must be structured as follows:
- personal details : where the identifying data of the intern , the company or public administration, the promoter, the tutor identified by the host organisation and the contact person appointed by the promoter must be reported;
- the descriptive elements of the internship or training course , i.e. the type of internship or training course that is intended to be activated, the sector of economic activity (ATECO codes) of the company or public administration, the professional area of reference of the internship activity or (CP ISTAT classification codes), the main location where the internship is to be carried out or, the identification details of the insurance companies, the duration and period of the internship or, the amount of the sum paid to the intern ;
- training project specifications : indication, where possible, of the professional figure of reference, the activity to be entrusted to the intern during the internship or training period, the objectives and reference methods of the internship or, the skills to be acquired with reference to the professional figure of reference;
- rights and duties of the parties involved in the internship or training project : intern , tutor and promoter.
Unless otherwise provided in the agreement, the sponsoring entity is responsible for insuring the intern against accidents at work with INAIL and for third-party liability by taking out a suitable policy with an insurance company.
If the promoter is a public administration, the agreement must define the method by which the host entity can assume the cost of insurance coverage.
TASKS OF THE PERSONS INVOLVED IN THE INTERNSHIPS
The tasks of the promoter are the following:
- promote the activation of the internship experience by supporting the intern and the host organization in the initiation phase of the administrative procedures as well as in the preparation of the project;
- identify a tutor or contact person as the organizational manager of the project;
- promote the successful completion of the internship experience or through monitoring activities;
- issue a certificate of achievement specifying the skills acquired, taking into account the host organization’s assessment, which must be reported in the training booklet, provided that the intern has participated in at least 70% of the duration of the training project;
- Contribute to the local monitoring of training internships by preparing an annual summary report analyzing the internships completed, highlighting the results achieved in terms of job placement/re-placement. This report must be submitted to the Region or Autonomous Province and made available via publication on the promoting entity’s website.
The host entity has the following tasks:
- signing of the agreement with the promoter, with which the training project will be established;
- designation of a tutor, selected from among the intern’s own workers with adequate professional skills consistent with the individual training plan, who will support the intern in the workplace;
- Evaluation of the intern ‘s experience so that the sponsor can issue a certificate of the work performed and any skills acquired.
The intern must strictly adhere to the training plan and carry out the activities agreed upon with the tutor.
THE ROLE OF TUTORS
Both the promoter and the host organization appoint a tutor with different tasks.
The tutor or contact person identified by the promoter must carry out the following tasks:
- collaborate in drafting the training project relating to the internship ;
- coordinate the organization and plan the internship path ;
- monitor the progress of the internship or, ensuring compliance with the project’s provisions, with the aim of ensuring satisfaction on the part of the host organisation and the intern ;
- acquire information from the intern regarding the experience undertaken and its outcomes, with particular reference to a possible continuation of the relationship undertaken with the host organisation, if different from the public administration;
- contribute to the drafting of the final certificate, taking into account the elements provided by the host organization.
The host organization is required to appoint a tutor who is responsible for implementing the training plan , as well as for integrating and supporting the intern in the workplace throughout the training project. The person appointed as tutor must have adequate experience and professional skills to ensure the internship ‘s objectives are achieved . A single tutor can be assigned to a maximum of three interns at a time.
The tasks reserved for the host organization’s tutor are the following:
- facilitate the placement of the trainee ;
- promote the acquisition of skills, respecting the provisions of the training project, also coordinating with other workers of the host organization;
- update the documentation required for internships (e.g. registers) for the entire period of the internship;
- accompany and supervise the intern ‘s training path .
Forms of collaboration between the two tutor figures are also foreseen , which are identified as follows:
- in defining organizational and didactic conditions favorable to learning;
- in ensuring the monitoring of the progress of the trainee ‘s training path, through ongoing verification methods and at the conclusion of the entire process;
- in ensuring the certification process of the activity carried out and of any skills acquired by the trainee .
INSPECTION ACTIVITY AND APPLICABLE SANCTIONS
The Regions and Autonomous Provinces will be responsible for ensuring that the internships are used correctly , seeking to prevent any potential abuse of the institution.
If the internship does not comply with the new regulations and applicable regional legislation, the inspectors will be responsible for converting it into an employment relationship, applying the appropriate administrative sanctions (e.g., penalties on the single employment register, pay slip, and employment declaration), as well as recovering any unpaid social security and insurance contributions.
Furthermore, if the intern is not paid the expected allowance, a fine of between 1,000 and 6,000 euros will be imposed on the host organisation, in addition to the sanctions provided for by Law no. 689/1981 .
The regions will have to establish specific rules governing cases of non-compliance by the promoters, respecting the provisions of the relevant national provisions.