Many important questions about the working and learning relationship between interns and companies are not clearly covered in the current legislation, Internship Law (11,788/2008). Issues such as whether the intern is entitled to a raise, how study leave works, and if there is an obligation for health insurance often create uncertainties in student hiring. Julio Caetano, an attorney at the Internship Company, addresses these questions and emphasizes the importance of detailing them in internship contracts to ensure safety and transparency for both parties.
To clarify some of the most common doubts, here are ten myths and truths about internships.
1. Interns cannot receive an increase in their scholarship. Myth
Generally, when they have well-structured internship programs, companies tend to have a scholarship plan with a set value in the first year of hiring and update it in the following year. However, the legislation itself does not provide for adjustments, and companies may maintain the same scholarship amount throughout the internship period.
This decision is up to the organization’s Human Resources department’s strategy, which usually understands that the adjustment is an important factor for intern retention. In practice, most contracts last for up to one year and can be renewed for another year, meaning they can last up to 2 years. During the renewal, a new negotiation can take place.
At the same time, it is important to emphasize that there is a minimum wage in the labor market proportional to the hours worked, which becomes a reference for adequate work. Therefore, Caetano’s recommendation is that the intern receives at least this amount, in addition to having the scholarship updated annually.
2. Interns undergo contract termination, not dismissal. Truth
The term dismissal assumes a series of common procedures for employees under the CLT regime, such as the need for notice and access to the guarantee fund and unemployment insurance. During an internship program, a supervisor or leader can terminate the contract at any time, but this constitutes a contract termination. The intern can also request termination, although the legislation does not require notice. To formalize the end, an activity report is part of the process.
3. Remote work is not allowed for interns. Myth
Interns can indeed work remotely. However, it is essential that this modality is clearly stipulated in the internship contract, and regardless of the workplace, mandatory supervision continues to be carried out. “Areas like administration and accounting, for example, adapt well to home office, while sectors such as civil aviation and dentistry present practical limitations on professional practice and direct learning. The tip is always to observe the guidelines of the Professional Associations, which sometimes have specific statutes and rules for interns in each area,” notes the specialist.
4. Interns are not required to clock in. Truth
This is another factor that is not specifically detailed in the internship law, so it is important for companies to have solid and specific internal policies for interns. Interns do not need to clock in because they are not permanent employees, but rather developing students. The internship law establishes principles and provisions to provide legal security and determine a relationship between the student/intern and the company from which they can learn and contribute to the student’s professional development.
5. Interns need workplace safety resources according to the area of activity. True
The Internship Law equates interns to workers governed by the CLT regarding health and safety at work. In other words, the company must provide safety items according to the student’s activities. The responsibility for implementing these measures falls on the internship provider, as stated in Article 14 of the Internship Law.
6. Internship contracts are not important. Myth
The internship agreement is mandatory by law and must detail the working hours, activities to be performed, and the provision of benefits such as a grant and personal accident insurance. Companies must ensure that this document complies with current legislation, providing legal security for both parties. Therefore, it is the role of the contracting parties to ensure the development and education of interns, as well as the delivery of feedback and internship reports, for example.
To ensure the safety and effectiveness of internship programs, it is also advisable for companies to have the support of integration agents, who assist in the administration of internship contracts and provide valuable guidance on how to structure a robust internship program in compliance with regulations. With the appropriate support, companies can avoid labor risks and ensure that the intern’s experience is enriching and aligned with educational objectives.
7. Reducing work hours during exams is not mandatory. Myth
The law establishes that during evaluation periods, the internship workload should be reduced by at least half to ensure the student’s good performance. It is important for the company to have specific internship policies to strike a balance between the internship’s practical activities and theoretical activities, including exams and institution’s activities.
Furthermore, the company may request the intern to provide a statement from the college. In summary, it is common practice to reduce workload to half of the schedule during exam periods and other evaluations, and ultimately exempt the intern entirely if they can provide sufficient justifications.
8. Interns can perform tasks unrelated to their course. Myth
Companies choosing to hire interns must have a clear understanding of the Internship Law, as well as comprehend that the purpose of an internship is to provide the student with the opportunity to complement their academic education with practical experience in the field of study.
The internship should be an extension of theoretical learning, allowing the development of professional skills; therefore, the intern should not perform various activities or activities that are completely unrelated to the course in which they are studying, such as working on generic tasks not related to their field of study. For example, law students taking care of operational activities of a company or office that have no relation to their field of study, etc. These activities distort their role and can lead to labor lawsuits. A good internship program, on the other hand, aims to help train professionals who may eventually be hired to contribute to the company’s ecosystem.
9. Interns are entitled to mandatory benefits. True
. By law, interns are entitled to a grant, transportation assistance, and life insurance. Of course, companies can add benefits not provided for by law, and it is very common for them to do so. Among the benefits commonly added by companies, we can mention health plans, meal vouchers, transportation vouchers, food vouchers, access to development platforms, and programs like Wellhub and Total Pass.
Once these benefits are established in the contract, they should not be cut and must be maintained until the end of the internship; in these cases, what was recorded in the internship agreement should prevail and be maintained until the end of its term.
10. The internship system does not have standard contributions for retirement. True
Since interns receive a grant and not a salary, they are not mandatory contributors to social security. In other words, they are not employees under the CLT system who transfer a percentage of their salary to Social Security on the payroll.
It is quite rare for an intern to be a contributor to social security, but what few know is that the legislation allows them to be a voluntary insured person if interested.
The challenge is to do everything on your own, without the support of the company. It would be necessary to approach the INSS and register. In general, the contribution is 20% of the minimum wage. The intern can be insured and thus have access to maternity leave, sickness benefit, accident benefit. It is important to emphasize that to have access to maternity leave, it is necessary to have made at least 10 contributions.
