Many important issues regarding the employment and learning relationship between interns and companies are not clearly covered by current legislation,Internship Law (11,788/2008).Questions such as whether interns are entitled to a raise, how the dismissal for studying works, and whether there is a mandatory health plan often create uncertainties in student hiring.Julio Caetano, lawyer at the Internship CompanyAnswer these questions and emphasize the importance of detailing them thoroughly in internship contracts to ensure safety and transparency for both parties.
To clarify some of the most frequently asked questions, learn ten myths and truths about internships.
Interns cannot receive an increase in their scholarship allowance. Myth
Generally, when they have well-structured internship programs, companies usually have a scholarship plan of a certain amount in the first year of hiring and update it the following year. However, the legislation itself does not provide for adjustments, and companies can maintain the same stipend amount throughout the internship period.
This decision depends on the strategy of the organization's Human Resources department, which usually considers the adjustment an important factor for retaining interns. In practice, most contracts last up to one year and can be renewed for another year, meaning they can last up to 2 years. During the renovation, 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 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 resignation presumes a series of procedures common to employees under the CLT regime, such as the need for prior notice and access to the severance fund and unemployment insurance. During an internship program, a supervisor or leader can indeed terminate the contract at any time, but this constitutes a contract termination. The intern can 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 permitted 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, the mandatory supervision continues to be carried out. "Areas such as administration and accounting, for example, adapt well to home office, while sectors like civil aviation and dentistry have practical limitations in professional practice and direct learning. The tip is to always follow the guidelines of the Professional Councils, which sometimes have statutes and specific rules for interns in each area," observes the expert.
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.Intern does not need to clock in because they are not a CLT employee, but a developing student.The internship law establishes principles and provisions to ensure legal certainty and to define the relationship between the student/intern and the company, based on which the student can learn and contribute to their professional development.
5. Interns require occupational safety resources according to their field of activity. Truth
The Internship Law equates interns with workers governed by the CLT regarding health and safety at work. In other words, the company must provide the safety items according to the activity to be carried out by the student.The responsibility for implementing these measures falls on the granting party of the internship, according to Art. 14 of the Internship Law.
6. Internship contracts are not important. Myth
The internship commitment agreement is mandatory by law and must detail the work schedule, the activities to be carried out, and the provision of benefits such as a stipend and personal accident insurance. Companies must ensure that this document complies with current legislation, providing legal security for both parties. In this way, it is the contractors' responsibility to ensure the development and training 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 rely on integration agents, who assist in managing internship contracts and provide valuable guidance on how to structure a robust internship program in compliance with the law. With proper support, companies can avoid labor risks and ensure that the intern's experience is enriching and aligned with educational objectives.
7. Reducing working 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 policies related to internships to ensure a balance between practical internship activities and theoretical activities, such as exams and activities from the educational institution.
Additionally, the company may request the intern to submit a declaration from the college. In summary, it is common practice to reduce the working hours to half of the regular schedule during exam periods and other assessments, and ultimately, to fully exempt the intern if they can provide sufficient justifications.
8. Interns can perform activities unrelated to their course. Myth
Companies that choose to hire interns must be clear about the Internship Law, as well as understand that the purpose of the internship is to provide the student with the opportunity to complement their academic training with practical experience in their field of study.
The internship should be an extension of theoretical learning, allowing the development of professional skills; therefore, the intern should not perform diverse activities or activities completely unrelated to their field of study, such as engaging in generic tasks not related to their course. For example, law students taking care of operational activities of the company or office that have nothing to do with their training. These activities undermine their role and can lead to labor lawsuits. A good internship program, in turn, helps to train professionals who may later be hired permanently to contribute to the company's ecosystem.
9. Interns are entitled to mandatory benefits. Truth
The internship allowance, transportation assistance, and life insurance are mandatory by law. Of course, the company can add benefits not provided for by law, and it is very common for them to do so. Among the benefits commonly offered by companies, we can mention health insurance, meal vouchers, transportation vouchers, food vouchers, access to development platforms, and programs such as Wellhub and Total Pass.
These benefits, once established in the contract, should not be cut off and must be maintained until the end of the internship, as in these cases, what was recorded in the internship contract should prevail and be maintained until the end of the term.
10. The internship regime does not have a standard contribution for retirement. Truth
Since the intern receives a scholarship allowance and not a salary, they are not considered a mandatory insured person under social security. In other words, it is not an employee working under the CLT regime who transfers a percentage of their salary to the INSS based on the payroll.
It is quite uncommon for an intern to be a contributor to social security, but what few know is that the legislation allows him to be an optional insured if he is interested.
The challenge is to do everything on your own, without relying on the company's support. It would be necessary to contact 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 pay, sickness benefit, and accident benefit. It is important to emphasize that to have access to maternity leave pay, it is necessary to have made at least 10 contributions.
