Many important issues regarding the work and learning relationship between interns and companies are not clearly addressed in current legislation, the Internship Law (11.788/2008). Questions such as whether interns are entitled to raises, how study leave works, and whether health insurance is mandatory often create uncertainty in student hiring. Julio Caetano, a lawyer at Companhia de Estágios , answers these questions and emphasizes the importance of agreeing on them in detail in internship contracts to ensure security and transparency for both parties.
To clarify some of the most frequently asked questions, learn about ten myths and truths regarding internships.
1. Interns cannot receive an increase in their stipend. Myth
Generally, when companies have well-structured internship programs, they tend to have a fixed stipend amount for the first year of employment, which is then adjusted the following year. However, the legislation itself does not provide for adjustments, and companies can maintain the same stipend amount throughout the entire internship period.
This decision rests with the organization's Human Resources department strategy, which usually understands that salary adjustments are an important factor in retaining interns. In practice, most contracts last up to one year and can be renewed for another year, meaning they can last up to two years. During the renewal process, a new negotiation can take place.
At the same time, it is important to emphasize that there is a minimum wage in the job market proportional to the hours worked, which becomes a benchmark for adequate work. Therefore, Caetano recommends that the intern receive at least this amount, in addition to having their stipend updated annually.
2. Interns experience contract termination, not dismissal. True.
The term "dismissal" implies a series of procedures common to employees under the CLT (Brazilian labor law), such as the need for prior notice and access to severance pay 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 law 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 indeed work remotely. However, it is essential that this arrangement is clearly stipulated in the internship contract and, regardless of the workplace, mandatory supervision continues to be carried out. “Areas such as administration and accounting, for example, adapt well to home office work, while sectors such as civil aviation and dentistry present practical limitations for professional practice and direct learning. The advice is always to observe the guidelines of the professional councils, which sometimes have specific statutes and rules for interns in each area,” notes the specialist.
4. Interns are not required to clock in. True.
This is another factor that is not specifically detailed in the internship law, therefore, it is important that companies have solid and specific internal policies for interns. Interns do not need to clock in because they are not CLT employees, but students in development. 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 their area of activity. True.
The Internship Law equates interns to workers governed by the CLT (Consolidation of Labor Laws) regarding health and safety at work. In other words, the company must provide safety equipment according to the activity to be performed by the student. The responsibility for implementing these measures falls on the internship provider, as per Article 14 of the Internship Law.
6. Internship contracts are not important. Myth
The internship agreement is legally required and must detail the work schedule, the activities to be developed, 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. Therefore, it is the responsibility of the contracting companies to guarantee 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 recommended that companies have the support of placement agencies, which assist in managing internship contracts and provide valuable guidance on how to structure a robust internship program that complies with the law. With adequate 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 stipulates that during evaluation periods, the internship workload should be reduced by at least half to ensure the student's good performance. It is important that the company has specific policies related to internships to guarantee a balance between practical internship activities and theoretical activities, such as exams and assignments from the educational institution.
Furthermore, the company may request that the intern submit a statement from the university. In short, it is common practice to reduce working hours by half during exam periods and other assessments, and, ultimately, to waive them entirely if the intern can provide sufficient justification.
8. Interns can perform activities unrelated to their course of study. Myth
Companies that choose to hire interns must be clear about the Internship Law, as well as understand that the purpose of an internship is to provide students with the opportunity to complement their academic training with practical experience in their field of study.
An internship should be an extension of theoretical learning, allowing the development of professional skills. Therefore, interns should not perform diverse activities or activities completely unrelated to their course of study, such as generic tasks unrelated to their degree. For example, law students should not handle operational tasks for a company or office that are unrelated to their field of study. These activities misrepresent their role and can lead to labor lawsuits. A good internship program, on the other hand, serves to help train professionals who may later be hired to contribute to the company's ecosystem.
9. Interns are entitled to mandatory benefits. True.
Scholarship allowance, transportation allowance, and life insurance are legally required. Of course, the company can add benefits not stipulated by law, and it is very common for them to do so. Among the benefits commonly added 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 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 its validity.
10. The internship program does not have a standard contribution towards retirement. True.
Since interns receive a stipend and not a salary, they are not considered mandatory contributors to social security. In other words, they are not employees under the CLT (Brazilian labor law) regime who contribute a percentage of their salary to the INSS (Brazilian social security system) based on their payroll.
It is quite uncommon for an intern to be a contributor to social security, but what few people know is that the law allows them to be a voluntary insured person, should they wish to do so.
The challenge is doing everything independently, without company support. It would be necessary to contact the INSS (Brazilian National Social Security Institute) and register. Generally, the contribution is 20% of the minimum wage. The intern can be insured and thus have access to maternity leave pay, sick pay, and accident benefits. It's important to note that to access maternity leave pay, at least 10 contributions are required.
