Many important issues regarding the work and learning relationship between interns and companies are not clearly addressed in the current legislation, Internship Law (11.788/2008). Questions such as whether the intern is entitled to a raise, how the exemption for studying works and whether there is a requirement for health insurance often creates uncertainties in the hiring of students. Julio Caetano, lawyer of the Internship Company, answer these questions and emphasize the importance of addressing them in detail in internship contracts to ensure safety and transparency for both parties.
To clarify some of the most frequent doubts, discover ten myths and truths about internships.
1.Interns cannot receive an increase in the scholarship aid. Myth
Generally, when they have well-structured internship programs, companies usually have a scholarship aid plan with a 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 can maintain the same amount of the scholarship throughout the entire internship period.
This decision falls to the strategy of the Human Resources department of the organization, that usually understands that the adjustment is an important factor for the retention of interns. In practice, most contracts have a duration of up to one year and can be renewed for another year, that is to say, 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, that becomes a reference for suitable work. In this way, the recommendation of Caetano, is that the intern receives at least this amount, in addition to having the scholarship updated annually
2.Interns face contract termination, no resignation . 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 characterizes 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 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 such as administration and accounting", for example, they 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 to always observe the guidelines of the Class Councils, that sometimes present specific statutes and rules for interns in each area, observe the specialist
4.Interns are not required to clock in. Truth
This is another factor that is not specifically detailed in the internship law, therefore, 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 CLT employees, but a developing student. A lei de estágio estabelece princípios e previsões para trazer segurança jurídica e determinar uma relação do estudante/estagiário com a empresa a partir da qual ele possa aprender e contribuir com a construção profissional do estudante.
5.Interns need occupational safety resources according to the area of activity. Truth
The Internship Law equates interns to workers governed by the CLT regarding health and safety at work. That is to say, the company must provide the safety items, according to the activity to be developed by the student.The responsibility for implementing these measures lies with the granting party of the internship, according to the Art. 14 of the Internship Law
6.Internship contracts are not important. Myth
The internship commitment term is mandatory by law and must detail the work schedule, the activities to be developed and the granting of benefits such as scholarships 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 responsibility of the contracting parties to ensure the development and training 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 advisable that companies have the support of integration agents, that assist in the administration of internship contracts and provide valuable guidance on how to structure a robust internship program in compliance with the legislation. With the proper support, companies can avoid labor risks and ensure that the intern's 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 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 the practical activities of the internship and the theoretical activities, being these,tests and activities of the educational institution
Furthermore, the company can request the intern to submit a statement from the college. Коротко, it is common practice to reduce the working hours to half the shift during exam periods and other assessments and, no limit, fully dismiss, if the intern 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 understanding 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 engage in various activities or activities completely unrelated to the course in which they are training,how to act with generic activities not related to your course. For example, law students take care of operational activities of the company or office that have nothing to do with their training etc. These activities distort your role and may lead to labor lawsuits. A good internship program, in turn, it serves to help train professionals who will be able to be hired in the future to contribute to the company's ecosystem.
9.Interns are entitled to mandatory benefits. Truth
.The scholarship is mandatory by law, the transportation allowance and life insurance. It is clear that the company can add benefits not provided for by law, and it is very common for them to do that. Among the benefits commonly added by companies, we can mention the health plan, meal voucher, валь-перевезення, meal voucher, access to development platforms and programs like Wellhub and Total Pass.
These benefits, once established in the contract, they should not be cut, to 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 does not have a standard contribution for retirement. Truth
As the intern receives a scholarship and not a salary, it is not about a mandatory insured person of social security. That is to say, it is not an employee who works under the CLT regime and transfers a percentage of the 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 a voluntary insured, якщо має інтерес.
The challenge is to do everything on your own, without the support of the company. It would be necessary to look for the INSS and register. In general rule, the contribution is 20% of the minimum wage. The intern can be insured and, thus, to have access to maternity pay, sick leave, accident assistance. It is important to emphasize that to have access to maternity leave pay, it is necessary to have made at least 10 contributions.
