On the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
EMPL-PR-769927
Committee on Employment and Social Affairs · Rapporteur: Alicia Homs Ginel
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The rapporteur's draft report sets out Parliament's position on the proposed Traineeships Directive, which defines traineeships and sets rules on working conditions and pay.¶¶¶ It defines a traineeship as a limited period of entry-level work providing practical and professional skills through significant training, based on a written contract and paid in accordance with Directive (EU) 2022/2041.¶ It requires Member States to ensure traineeships comply with the principle of non-discrimination, to promote access for trainees from vulnerable backgrounds and to adapt workplaces for trainees with disabilities.¶¶¶ It requires effective controls and inspections to detect abusive practices, an overall assessment of factual and circumstantial elements, and a maximum traineeship duration of six months with possible exceptions.¶¶¶ It gives trainees access to dispute resolution and redress, lets workers' representatives act on their behalf, and protects them from adverse treatment or dismissal for exercising their rights.¶¶¶ It states that the Directive does not lower existing protection and lets Member States apply more favourable rules or, with social partner agreement, uphold or conclude collective agreements.¶¶¶
Committee position. The rapporteur proposes to amend the Commission proposal by adding a common definition of traineeships, replacing the non-discrimination comparison with regular employees by a non-discrimination principle under existing directives, and replacing the concept of disguised employment relationships with abusive practices arising from the use of traineeships.¶¶¶
Key points
- The draft report amends the Commission proposal to define traineeships and set a framework to improve and enforce trainees' working conditions and prevent abusive practices arising from the use of traineeships.¶
- A traineeship is defined as a limited period of entry-level work providing practical and professional skills through significant training, based on a written contract between trainee and traineeship provider, and paid in accordance with Directive (EU) 2022/2041.¶¶
- A trainee is any person undertaking a traineeship; a traineeship provider is a private, public or mixed undertaking that provides traineeships.¶¶
- Member States must ensure traineeships comply with the principle of non-discrimination under Directives 2000/43/EC, 2000/78/EC and 2006/54/EC in access and working conditions including pay.¶
- Member States must promote increased access to traineeships for trainees from vulnerable backgrounds, including those with disabilities, and ensure workplaces are adapted to be accessible to trainees with disabilities.¶¶
- Member States must provide effective controls and inspections to detect and take enforcement measures against abusive practices arising from the use of traineeships that grant lower protection, including working conditions and pay, than the trainee would be entitled to.¶
- Competent authorities must make an overall assessment of all relevant factual elements, including the absence of a written contract, the absence of a training component, excessive duration, absence of remuneration, and the lack of a public vacancy notice.¶¶¶
- Competent authorities must also consider circumstantial factors such as a high ratio of traineeships relative to the establishment's size, recruitment of former trainees, repeated extensions without progression, and replacement of permanent positions with consecutive traineeship adverts.¶
- Member States must require traineeship providers to supply authorities with information on the number of trainees and other workers, working conditions and pay of trainees and comparable workers, and training components.¶¶¶
- Member States must define a maximum traineeship duration of six months, may allow exceptions justified on objective grounds, and must require traineeship providers to include information on tasks, working conditions, pay, social protection, training and recruitment possibilities in vacancy notices.¶¶
- Member States must ensure trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution and a right to redress including adequate compensation, and must provide channels for trainees to anonymously and securely report malpractice.¶¶
- Workers' representatives may engage in judicial or administrative procedures to enforce rights, and Member States must protect trainees from adverse treatment or dismissal, including withholding of a future job offer, for exercising their rights.¶¶¶
Who is affected
- Trainees, who gain a common definition, non-discrimination protection, access to redress and protection from adverse treatment.¶¶¶
- Traineeship providers, who must comply with controls, supply information, include details in vacancy notices and respect a maximum duration.¶¶¶
- Member States, which must ensure non-discrimination, promote access for vulnerable trainees, adapt workplaces and set up controls and inspections.¶¶¶
- Workers' representatives, who may act on behalf or in support of trainees in proceedings.¶
Figures and deadlines
Legal basis: Article 294(2) and Article 153(2)(b) in conjunction with Article 153(1)(b) of the Treaty on the Functioning of the European Union.¶