Many important issues about the working and learning relationship between interns and companies are not clearly addressed in the current legislation, but Internship Law (11.788/2008). Questions such as whether the trainee is entitled to an increase, how the exemption to study works and whether there is a health plan obligation often generate uncertainties in hiring students. Julio Caetano, lawyer for the Internship Company, Answers these questions and emphasizes the importance of agreeing them in detail in internship contracts to ensure security and transparency for both parties.
To clarify some of the most frequent doubts, know ten myths and truths about the internship.
1. Interns cannot receive increased scholarship-aid. Myth
Generally, when they have well-structured internship programs, companies usually have a scholarship-aid plan of one value in the first year of hiring and update it the following year. However, the legislation itself does not provide for readjustment and companies can maintain the same value of the scholarship throughout the internship period.
This decision is part of the strategy of the Human Resources department of the organization, which usually understands that readjustment is an important factor for the retention of trainees. In practice, most contracts last up to one year and can be renewed for another year, that is, they can last up to 2 years. During the renewal, a new negotiation can be made.
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 an adequate work reference. Thus, Caetano's recommendation is that the trainee receive at least this amount, in addition to having the scholarship updated annually.
2. Interns suffer contract termination, not dismissal . Truth
The term dismissal assumes a series of procedures common to employees under CLT, such as the need for prior notice and access to the guarantee fund and unemployment insurance. During an internship program, a supervisor or leader may terminate the contract at any time, but this characterizes a termination of contract. The trainee may also request termination, although the legislation does not require prior notice. To formalize the termination, an activity report is part of the procedure.
3. Remote work is not allowed for interns. Myth
Interns can 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 performed. “Areas such as administration and accounting, for example, adapt well to the home office, while sectors such as civil aviation and dentistry have practical limitations of professional practice and direct learning. The tip is always to observe the guidelines of the Class Councils, which sometimes present specific statutes and rules for interns in each” area, notes the expert.
4. Interns are not required to hit point. Truth
This is another factor that is not specifically detailed in the internship law, so it is important that companies have solid and specific internal policies for interns. Intern does not need to hit point because he is not a CLT employee, but a developing student. The internship law establishes principles and predictions to bring legal certainty and determine a student/intern relationship with the company from which he can learn and contribute to the professional construction of the student.
5. Interns need job security resources according to the segment of activity
The Internship Law equates trainees with workers governed by the CLT in terms of health and safety at work. That is, the company must provide the safety items, according to the activity to be developed by the student. The responsibility for implementing these measures rests with the granting part of the internship, according to Art. 14 of the Internship Law.
6. Internship contracts are not important. Myth
The term of internship commitment is mandatory by law and must detail the workday, the activities to be developed and the granting of benefits such as scholarship-aid and personal accident insurance. Companies must ensure that this document complies with current legislation, providing legal certainty for both parties. Thus, it is the role of contractors to ensure the development and teaching of interns, as well as the delivery of feedback and internship report, for example.
To ensure the safety and effectiveness of internship programs, it is also recommended that companies rely on the support of integration agents, who assist in the administration of internship contracts and provide valuable guidance on how to structure a robust and compliant internship program.With proper support, companies can avoid labor risks and ensure that the intern experience is enriching and aligned with educational objectives.
7. Reduction of working hours during exams is not mandatory. Myth
The law establishes that in the evaluation periods, the workload of the internship is reduced at least half to ensure the good performance of the student. It is important that the company has specific policies related to the internship, to ensure a balance between the practical activities of the internship and the theoretical activities, which are tests and activities of the educational institution.
In addition, the company may request the trainee to submit a college statement. In short, it is common practice to reduce the workload to half the day in periods of tests and other evaluations and, at the limit, to dismiss fully, if the trainee can provide sufficient justifications.
8. Interns can carry out activities unrelated to the course. Myth
Companies that choose to hire interns should be clear about the Internship Law, as well as understand that the function of the internship is to provide the student with the opportunity to complement their academic background 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 trainee should not perform activities that are diverse or totally unrelated to the course in which he is in training, such as acting with generic activities and not related to his course. For example, law students take care of operational activities of the company or office that nothing relates to training etc. These activities mischaracterize their function and can render labor processes. A good internship program, in turn, serves to help train professionals who in the future may be effective to add to the company ecosystem.
9. Interns are entitled to mandatory benefits. Truth
.Aids, transportation assistance and life insurance are required by law.Of course, the company can add benefits not provided by law, and it is very common for them to do so. Among the benefits commonly added by companies, we can mention the health plan, food stamp, transportation voucher, food stamp, access to development platforms and programs such as Wellhub and Total Pass.
These benefits, once established in the contract, should not be cut and should be maintained until the end of the internship, because in these cases, what was recorded in the internship contract must prevail and be maintained until the end of the term.
10. The internship regime has no standard contribution to retirement
As the trainee receives a grant and not a salary, it is not a mandatory social security insured. That is, it is not an employee who works in the CLT regime and transfers a percentage of the salary to the INSS on the payroll.
It is quite unusual for the intern to be a social security contributor, but what few know is that the legislation allows him to be an optional insured, if he has an interest.
The challenge is to do everything on their own, without counting on the support of the company. It would be necessary to seek the INSS and make the registration. As a general rule, the contribution is 20% of the minimum wage. The trainee can be insured and thus have access to maternity salary, sickness, accident aid. It is important to note that to have access to the maternity wage, you must have made at least 10 contributions.
