# EUR-Lex - 52012SC0099 - EN

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# 52012SC0099

**COMMISSION STAFF WORKING DOCUMENT Quality Framework for Traineeships Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Towards a job-rich recovery /* SWD/2012/0099 final */**

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COMMISSION STAFF WORKING DOCUMENT

Quality Framework for Traineeships

Accompanying the document

Communication from the Commission
to the European Parliament, the Council, the European Economic and Social
Committee and the Committee of the Regions

Towards a job-rich recovery

TABLE OF CONTENTS

1........... Introduction.................................................................................................................... 3

2........... Scope of the framework................................................................................................. 4

3........... Regulation and organisation of
traineeships in the Member States..................................... 5

4........... Towards a quality framework for
traineeships.................................................................. 8

5........... The way forward.......................................................................................................... 10

Disclaimer: This document is a European Commission staff working
document for information purposes. It does not represent an official position
of the Commission on this issue, nor does it anticipate such a position.

1.           Introduction

The rise of unemployment
among young people (aged 15-24) has been dramatic: since 2008, the total number
of young unemployed in the EU has increased by one million. There are now over
five million young people in the EU-27 under the age of 25 who cannot find a
job.

In this context traineeships can have a key
role in increasing the access of young people to the labour market.
Traineeships can bridge the gap between the theoretical knowledge gained in
education and the skills and competences needed at a workplace and in this way
increase to chances of young people to find a job.

Nevertheless, traineeships in some cases do
not play the role they should: for several years now, concerns have been raised
about the quality of traineeships. For instance, the organisations 'Génération
précaire'[1] in France and ‘Generation Praktikum’[2] in
Austria have expressed serious concerns that traineeships may be abused as a
source of cheap or free labour by employers that in many cases fail to provide
the first step towards decent and sustainable work. This situation it is argued
can in turn lead to a vicious circle of precarious employment and insecurity. In
some Member States young people have set up initiatives for improving
transparency of traineeships.[3] In 2010 the European Parliament adopted an own-initiative report on
'Promoting youth access to the labour market, strengthening trainee, internship
and apprenticeship status'[4], calling upon the Commission to propose a European quality charter
on internships, to provide statistics on internships and to produce a
comparative study on the different internship schemes existing in the Member
States.

Most recently the European Youth Forum has
presented a proposal for a European Internship Charter[5], based
upon an online consultation among young people. Results of the consultation
suggest that in many countries the learning dimension of traineeships has been
decreasing, with trainees being asked to undertake tasks which do not
contribute to the advancement of their professional development.

The Commission has recognised the need to
address these concerns. As a response, the Europe 2020 flagship initiative
'Youth on the Move'[6] issued in 2010 announced that the Commission would propose a
quality framework for traineeships including their transnational dimension, the
role of the social partners and corporate social responsibility related
aspects. In line with this commitment Member States in their Council
Conclusions on Youth Employment of June 2011 invited the Commission to provide
guidance on conditions for high quality traineeships by means of a quality
framework for traineeships[7].

In light of the further deterioration of
youth access to the labour market, the Commission launched the ’Youth
Opportunities Initiative’[8] in December 2011. One of the main actions of the initiative concerns
the Commission’s support for Member States to use the European Social Fund more
efficiently, among others for supporting traineeship places, as is already the
case in some countries. In addition, Commission support to high quality
transnational traineeships under the Erasmus and Leonardo da Vinci programmes
will be increased in the remaining current programming period and a further
increase of the budget will be proposed in the "Erasmus for All"
programme starting in 2014. The Youth Opportunities Initiative also confirms prior
Commission commitments to present a quality framework for traineeships in 2012.

Based upon the above and acknowledging that
the provision of high quality traineeships requires the involvement of all
relevant actors, enterprises in the first place, but also national authorities,
social partners and representatives of youth and trainees, DG Employment,
Social Affairs and Inclusion submits for consultation to all stakeholders this
position paper. The aim is to build the necessary consensus for a common
recognition of a quality framework on traineeships taking the form of a Council
recommendation to be adopted before the end of 2012, as pointed out in Commission
Communication 'Towards a jobs-rich recovery'[9]. This staff working document
commits only DG Employment, Social Affairs and Inclusion and not the Commission
as a whole. The information contained in this document is only intended for
consultation purposes and does not purport to represent or prejudge the final
position that the Commission will take in relation to the topic covered.

2.           Scope
of the framework

There is no common European definition of traineeships
and confusion often arises between the terms traineeships, internships and
apprenticeships. For the purpose of the present initiative only the term
'traineeships' will be used, with the understanding that this refers to:

a
work practice including an educational component (either as part of a study
curriculum or not) which is limited in time. The purpose of these traineeships
is to help the trainee's education to work transition by providing the
practical experience, knowledge and skills that complete his/her theoretical
education.

This initiative therefore concentrates primarily
on traineeships that are part of higher education programs, as well as
(generally postgraduate) traineeships that involve only the trainee and the
employer. Transnational traineeships are also included in the scope of this
initiative but it will not cover apprenticeships.

Although an apprenticeship has similar
objectives as a traineeship described above, it is rather a systematic,
long-term training of a technical occupation with alternating periods at the
workplace and in an educational institution or a training centre. Moreover, in
relation to apprenticeships, the employer assumes responsibility for providing
the training leading to a specific occupation.

3.           Regulation
and organisation of traineeships in the Member States

As part of a pilot project initiated by the
European Parliament, the Commission has commissioned a study on a
’comprehensive overview of traineeship arrangements in Member States’ (referred
to hereafter as 'the study').

This study will be available in May 2012
and shall provide a first full insight into relevant national policies and
legislative frameworks, the supply, content and quality of traineeships. The
main preliminary findings are set out below.

Overview of level of national
legislation

In a large number of Member States there
are either no regulations which explicitly address traineeships, or they are
very limited, eventually included within other – typically education and
training related – legislation[10].
Across the Member States that have a specific legislation, the common defining
characteristics of traineeships are: (i) the general educational purpose; (ii)
the practical element of learning; (iii) their temporary character.

Traineeships integrated in (higher) education
curricula are generally more regulated. Traineeships offered on an ad-hoc basis
by employers and taken up by young people after graduation on a voluntary basis
tend to be less regulated.

In Member States where there are formal
measures in place, the rules to ensure the quality of traineeships mainly
concern:

· 
Pay

· 
social security coverage

· 
access to & quality of training

· 
trainee work experience

· 
risk of replacing regular staff.

For specific professions where the
completion of compulsory traineeships is part of the mandatory professional
training (typically medicine/nursing, law, education, architecture/engineering)
regulations are developed by professional associations in almost all Member
States. However, even these regulations do not always provide a guarantee for
the quality of the traineeships. Italy for example stands out for its highly
regulated framework for liberal professions, but in practice the way
traineeships take place differs widely from the legal provisions.

Overview of access to / availability of
traineeships

Across the European Union an increasing
focus is being placed on traineeships and practical work experience as key
tools to help young unemployed or young graduates in their transition to work[11]. In Southern and Eastern
Europe these schemes are often (at least partially) supported by the European
Social Fund. Many of these aim at increasing the take up of traineeships
through subsidies to employers, contribution towards social security payments
or providing compensation and allowances directly to trainees.

In general there is a strong push towards
integrating traineeships and practical work placed training into study
curricula, either compulsory or optional. In these types of traineeships the
monitoring and quality assurance is often ensured by the educational
institutions, the clear learning objectives and the more motivated companies.
However there is a shortage of such placements due to weak links between
educational systems and the labour market, and the difficulties of SMEs in
mobilising internal resources in order to manage and mentor trainees. On the
other hand, in some countries employers are concerned that the educational
system is unable to meet their skills needs (EL, LV, RO, UK). This clearly
calls for the need to enhance partnerships between businesses and education
institutions in order to increase the number of traineeships as part of study
curricula.

Work placements abroad are a specific form
of traineeships. The Eurobarometer Youth on the Move (2011) shows that
transnational learning helps young people become familiar with and adapt to the
requirements of the EU labour market, developing not only language and specific
professional and vocational skills but also the "soft skills" such as
team working, self-confidence and adaptability which are considered crucial for
a successful transition from education to work.

The recently adopted EU benchmark for learning
mobility[12]
sets ambitious targets; at least 20% of higher education and 6% of initial
vocational education and training graduates should have had a period of study
or training (including work placements) abroad by 2020. This benchmark cannot
be reached by the EU programmes alone, but will need considerable support through
national actions. It is therefore crucial to ensure that these traineeships are
of good quality, providing relevant learning opportunities.

A recent study commissioned by the Commission[13] confirms the need for action
to facilitate transnational mobility of trainees. Priorities identified by the
study refer to the need for further clarifying the contextual, legal and
regulatory differences between Member States which affect transnational
traineeships, improving access to information and introducing more concrete
requirements and criteria for the overall organisation of traineeships abroad.

Main gaps / issues for concern related
to the quality of traineeships

With regard to the quality of traineeships,
questionable practices are reported across Member States, with little variation
by types of regulatory regime. The main concerns across all Member States relate
to:

· 
low pay, low protection and rather poor terms
and conditions,

· 
lack of high quality learning content,

· 
the use of trainees to carry out mundane work,
and

· 
the substitution of trainees for regular
employees.

In a number of countries concerns about
traineeships are related to broader concerns about young people becoming trapped
in precarious or unstable work (e.g. EL, ES, FR, IT, LT, PL, PT, UK).
Questionable practices also appear to be particularly driven by the poor labour
market position of young people which allow employers to ‘take advantage’ of
those who are struggling to gain entry to employment. This is particularly the
case in countries and sectors where there are large numbers of young people
trying to find work.

It is a common practice to cover a
traineeship with a contract in 19 Member States, but a minimum wage requirement
exists only in 11 Member States. The learning content of a traineeship
is most likely to be formally defined where an educational institution is
involved. However traineeships involving just the trainee and the employer
often lack content definition. This does not necessarily mean that these
placements are entirely devoid of structure and content. For example in the UK
many employers voluntarily provided well-structured traineeships with
pre-defined content. However, evidence suggests a high degree of variability in
this area. Even in Member States where regulation exists to define the content
of traineeships (e.g. AT, LU) there are concerns that employers do not always
abide by these rules.

One of the most worrisome points in
relation to traineeships is the lack of proper social protection coverage
(most often only health, and in some cases occupational risk/accident insurance
is being offered to the trainee). It is however worth noting that traineeships
which form part of government sponsored programmes increasingly oblige
employers to pay the trainees’ social security contributions, either in full or
in part through subsidies (e.g. in CY, EL, PL).

Written traineeship contracts are generally
offered to trainees, but there is a wide variation in the characteristics of
these contracts (and thus the rights) between countries and across sectors.
Furthermore, there is no common definition of what is an “appropriate”
remuneration. The lack of compensation or low pay and the prospect of
exploitation are general concerns mainly in the case of traineeships in the
open market and mandatory professional training schemes.

The risk of substituting regular employment
by traineeships is greater in Member States with high unemployment and/or
unfavourable labour market conditions for young people (e.g. EL, ES, IT, PT).
However using traineeships as free labour is a growing phenomenon also in other
countries, where young people might have to do several traineeships
before they find a proper job.

Finally, the abuse of trainees is more
common where there is a lack of monitoring and clear traineeship linked
objectives. In addition, statistics show a considerable gender pay gap
in traineeships with a larger proportion of women in unpaid or low paid
placements.

4.           Towards
a quality framework for traineeships

Awareness of traineeship quality issues and
potential abuses is increasing in the EU and there are some attempts to
implement specific quality frameworks to deal with these matters (e.g. AT, EL,
FI, FR, IT, and UK).

An EU-level quality framework, elaborated
in cooperation with government representatives, the social partners, youth
organisations and all further relevant stakeholders, could largely contribute
to the increase in the quality of traineeships within the EU. Promoting
good quality traineeships contributes to meeting the objectives of the Europe
2020 strategy, in terms of facilitating good labour market transitions and
promoting and facilitating geographic mobility for young people.

The following elements build on the findings
of the study and on existing best practices in Member States and could be
considered for developing such a framework:

(a)        Conclusion of traineeship
agreement

Both the study on a ’comprehensive overview
of traineeship arrangements in Member States’ and the questionnaire of the
European Youth Forum reported that for a large part of traineeships (25% of
those who responded to the survey of the European Youth Forum) no agreement is
concluded between the trainee and the host organisation. This creates a
situation where the trainee is not defended by law while the host organisation
cannot be sure about what contribution the trainee is going to make. The
traineeship agreement should be the basis of all traineeships and should cover
the professional and learning objectives, the duration and, where applicable,
the rate of remuneration/compensation. Such requirements are already applied by
the training agreement and the quality commitment used in the Erasmus and
Leonardo da Vinci programs. These are based on the principles of the European
Quality Charter for Mobility[14],
adopted by the European Parliament and Member States in 2006.

(b)        Definition of professional
and learning objectives and tutoring/guidance

Traineeships with well-defined professional
and learning objectives are much more likely to contain useful educational
elements thus helping the trainee to find a job after the traineeship. Besides the
need for clearly defining the professional and learning objectives of the
traineeship a personal supervisor should be designated in the host organisation
for each trainee that is hosted. The supervisor figure should monitor the
trainee’s progress and explain general work procedures and techniques.
The supervisor should also provide feedback to the trainee about his/her
performance in the form of mid-term and final evaluation.

(c)        Proper recognition of the traineeship

Evidence gathered shows that traineeships
too often end without a proper certificate stating the knowledge, skills and
competences acquired during the traineeship. Upon completion of the
traineeship, the trainee should receive a certificate stating the duration and
educational content of the traineeship, the tasks performed, as well as the
knowledge, skills and competences acquired. In order to record knowledge and
skills acquired in another country, the Europass mobility document might be
considered as a suitable tool[15].

(d)        Reasonable duration

The replacement of regular workers with
trainees is increasing. In order to reduce this trend it is important that the duration
of traineeships is clearly established so that they can fulfil their role of a
tool enabling a smoother transition into the labour market. In general, a three
to six months traineeship period is deemed appropriate depending on the type of
traineeship (part of an education/training programme or undertaken after
graduation). Exceptions can include special occupations like lawyers, teachers,
and medical doctors.

e)         Adequate social protection
and remuneration of the trainee

One of the most serious problems reported
is that trainees often do not have adequate social protection in the country of
their traineeship (in particular general health and accident insurance cover).

Good-quality traineeships need not
necessarily be paid. During the trainee's studies, unpaid traineeships may be
appropriate, provided the trainee has social security cover. In such cases,
reimbursement of expenses or in-kind support (e.g. travel, meals and
accommodation) is recommended. For post-graduate traineeships, remuneration is
recommended in general, since the trainee already has a job-qualifying degree
and no longer enjoys student status. Furthermore, low-paid or unpaid
traineeships lead to situations where those who do not have the necessary
financial/family etc. background, are deprived of this way of gaining work
experience.

(f)        Transparency of information
on rights and obligations

The rights and obligations of the trainee,
the employer and, where applicable, the educational institution should be
transparent and clear to all parties. Up-to-date information on legal and other
provisions applicable at European and national level should be easily available
in a comparable format to all parties involved in organising and taking up
traineeships. The difficulty of accessing reliable and complete information on
these provisions across all Member States is one of the major obstacles to
organising transnational traineeships.

5.           The
way forward

The Commission has expressed at several
occasions its commitment towards presenting a quality framework for
traineeships. With the present consultation document[16], DG Employment, Social Affairs
and Inclusion prepares the ground for a Commission proposal on a Council
Recommendation for such a framework before the end of 2012.

All concerned stakeholders are invited to
react on the main elements set out above and in particular on:

1.         The scope of the initiative,

2.         The form that such an initiative
should take at the EU level, and

3.         The main elements that determine
high quality traineeships and that should be part of the quality framework.

Reactions can be sent to EMPL-QUALITY-STAGES@EC.EUROPA.EU

Alternatively,
for those without web access, responses can be sent by post to: 
European Commission
Directorate-General for Employment, Social Affairs & Inclusion
Consultation on a Quality Framework for Traineeships
Unit C3
rue Joseph II 27
B - 1040 Brussels

Deadline for responding: 11 July 2012

[1]               www.generation-precaire.org

[2]               www.generation-praktikum.at

[3]               E.g in Italy, see www.reppublicadeglistagisti.it

[4]               Rapporteur:
Ms Emilie Turunen MEP, EP 2009/2221(INI), 14.06.2010.

[5]               www.qualityinternships.eu

[6]               COM(2010)477
final, 15.09.2010.

[7]               Council Conclusions 11838/11 ‘Promoting Youth
Employment to achieve the Europe 2020 objectives’; 17.06.2011.

[8]               COM(2011)933final, 20.12.2011.

[9]               COM(2012)173final, 18.04.2012.

[10]             E.g. in AT, CY, CZ, DE, EL, IE, LU, MT, PL, PT, SK, UK.

[11]             E.g. BE, CY, DK, EE, EL, ES, IE, FI,
FR, HU, LT, LU, LV, MT, NL, PT, PL, SE, UK.

[12]             Council Conclusions on a Benchmark for Learning
Mobility: 2011/C372/08 OJ 20.12.2011.

[13]             Study on a possible framework to facilitate
transnational mobility for placements at enterprises, GHK for the European
Commission, April 2011.

[14]             Recommendation 2006/961/EC of the European Parliament
and of the Council on transnational mobility within the Community for education
and training purposes: European Quality Charter for Mobility, OJ L394 of
30.12.2006.

[15]             http://www.europass.ie/europass/euro_mob.html

[16]             The information contained in this document does not
purport to represent or prejudge the final position that the Commission will
take in relation to the topic covered.