Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
Date: 2024-03-20
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU employment policy, integration into employment, labour market, school-working life relations, traineeship, working conditions, young person, young worker, youth employment, youth unemployment

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   EUROPEAN COMMISSION  Brussels, 20.3.2024  COM(2024) 132 final/2 2024/0068 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’) (Text with EEA relevance) {SEC(2024) 97 final} - {SWD(2024) 66 final} - {SWD(2024) 67 final} - {SWD(2024) 38 final}  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
In her Political Guidelines1, President von der Leyen stressed the need to strengthen Europe’s 
social market economy and to foster “growth which creates quality jobs, especially for young 
people”.  

Youth unemployment remains a persistent challenge in the EU, with the youth unemployment 
rate being more than twice as high as the overall unemployment rate2. A particular challenge 
lies  in  activating  more  young  people  who  are  not  in  employment,  education  or  training 
(NEETs) and who face specific obstacles that hinder their participation in the labour market. 
Therefore, the European Pillar of Social Rights Action Plan3 sets out the target of decreasing 
the rate of young people aged 15-29 who are NEETs from 12.6% (2019) to 9% by 2030 by 
improving their employment prospects.  

Traineeships can provide an opportunity for young people to gain practical and professional 
experience, improve their skills and thereby facilitate their access to the labour market. They 
offer an opportunity for employers to attract, train and retain their staff. However, the value of 
a  traineeship  depends  on  its  quality.  A  quality  traineeship  requires  fair  and  transparent 
working conditions and adequate learning content. Moreover, inclusive traineeships can help 
provide  opportunities  for  everyone  to  access  the  labour  market,  including  young  people  in 
vulnerable situations. 

According to estimations based on the European Labour Force Survey (EU-LFS) data, there 
are 3.1 million trainees in the EU (2019 data) out of which 1.6 million are paid trainees and 
1.5 million are unpaid. An increasing number of trainees in the EU participate in cross-border 
traineeships (21% of trainees in 2023 compared to 9% in 2013)4, demonstrating the potential 
of traineeships to contribute to fair labour mobility in the EU. Estimates also indicate that in 
2019 around 370 000 paid trainees5 did a traineeship of a long duration (more than 6 months), 
including  consecutive/repeated  ones  with  the  same  employer.  Out  of  these,  around  100  000 
trainees did a traineeship of a long duration with poor learning content6. 

The  2014  Council  Recommendation  on  a  Quality  Framework  for  Traineeships  (QFT)  is  an 
important  reference  point  for  determining  what  constitutes  a  quality  traineeship.  It  sets  out 
guidelines for traineeships outside education curricula and mandatory professional training.  

In its 2023 evaluation of this Council Recommendation7, the Commission found indications 
that the QFT had a positive impact on the quality of traineeships in the EU. It also confirmed 

1 

Political  Guidelines  for  the  Next  European  Commission  2019-2024.  ‘A  Union  that  Strives  for  More. 
My Agenda for Europe.’ Available online. 
Youth unemployment (15-25 years) was 14.9% in January 2024, compared to a general unemployment 

2 
rate (20-64 years) of 6% (Eurostat). 
3 
COM(2021) 102 final. 
4 
Flash Eurobarometer 523 (2964 / FL523). 
5 
This does not include traineeships which are mandatory to access a profession. 
6 
These numbers should be interpreted with caution as they are based on the combination of the results of 
Flash Eurobarometer 523 (share of trainees who did traineeships with a total duration longer than 6 months who 
also stated that they did not learn professionally useful things) and EU-LFS data on the number of paid trainees.  
7 

Available online. 

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that  traineeships  continue  to  be  an  important  pathway  for  young  people  to  enter  the  labour 
market.  In  addition,  quality  traineeships  can  be  useful  upskilling  and/or  reskilling 
opportunities for people of any age to acquire practical skills on the job to set their career in a 
new direction.  

However,  the  evaluation  also  highlighted  areas  that  could  be  further  strengthened  and 
improved.  For  instance,  it  recommended  better  integrating  quality  principles  in  national 
legislation,  in  particular  for  open-market  traineeships  (OMTs),  stronger  monitoring  and 
enforcement to ensure the application of the quality principles on the ground and increasing 
awareness amongst various key stakeholders. The need for stronger support to employers, for 
example, through financial support and practical guidance, was also highlighted. Furthermore, 
the  evaluation  stressed  that  efforts  to  provide  more  concrete  and  practical  information  to 
young people on cross-border traineeships should be stepped up. It also identified additional 
quality  criteria,  such  as  fair  pay  and  social  protection,  rules  on  remote/hybrid  traineeships, 
better  addressing  the  needs  of  groups  in  vulnerable  situations,  and  strengthened  support  to 
trainees  during  and  after  the  traineeship.  Moreover,  the  evaluation  noted  the  possibility  of 
extending the scope of QFT from OMTs and traineeships that are part of active labour market 
policies  (ALMP)  to  also  cover  other  traineeships,  such  as  those  that  are  part  of  formal 
education and training curricula. 

Various stakeholders called on the Commission to improve the quality of traineeships:  

• 

• 

• 

The  report  on  the  final  outcome  of  the  Conference  on  the  Future  of  Europe8 
includes  the  call  to  ensure  that  young  people’s  traineeships  and  jobs  comply 
with  quality  standards,  including  on  pay,  and  that  unpaid  internships  on  the 
labour  market  and  outside  formal  education  are  banned  through  a  legal 
instrument.  

In its Opinion “The Equal Treatment of Young People in the Labour Market” 
of 15 June 20239, the European Economic and Social Committee (EESC) noted 
that  traineeships  should  offer  good  quality  learning  content  and  adequate 
working  conditions,  and  should  not  be  a  substitute  for  regular  jobs  or  a 
precondition for a job placement.  

In  its  Opinion  “Youth  Employment  Support:  a  Bridge  to  Jobs  for  the  Next 
Generation  Reinforcing  the  Youth  Guarantee”  of  5  February  202110,  the 
Committee  of  the  Regions  considered  that  traineeships  and  apprenticeships 
should  primarily  provide  a  learning  experience  for  young  people,  which  can 
help them to decide on their future career and to develop their skills in order to 
access permanent employment.  

In particular, the European Parliament adopted on 14 June 2023 a resolution based on Article 
225  TFEU11 calling  on  the  Commission  to  update  and  strengthen  the  2014  Council 
Recommendation  and  to  turn  it  into  a  stronger  legislative  instrument.  It  also  called  on  the 
Commission to ensure minimum quality standards for traineeships, including pay. 

8 
9 
10 
11 

Conference on the Future of Europe. Report on the final outcome. May 2022. 
Available online.  
Available online.  
Available online.  

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In  this  context,  the  Commission  announced  an  update  of  the  Quality  Framework  for 
Traineeships in its 2023 Commission Work Programme12, to address issues including fair pay 
and access to social protection, as part of its engagement to implement the European Pillar of 
Social  Rights  Action  Plan  and  to  reach  the  EU’s  2030  targets  in  the  areas  of  employment, 
skills, and poverty reduction. 

This proposal for a directive reflects the political commitment expressed in President von der 
Leyen's Political  Guidelines to  respond  to  European  Parliament  resolutions  based  on  Article 
225 TFEU with a legislative proposal, in full respect of proportionality, subsidiarity and better 
law-making principles.  Considering these principles and the legal limits to EU action set by 
the Treaties, the proposal for a directive focuses on supporting Member States in improving 
and  enforcing  working  conditions  of 
trainees  and  combating  regular  employment 
relationships disguised as traineeships.  

The proposed directive applies to trainees who have an employment relationship as defined by 
the law, collective agreements or practice in force in the Member States with consideration to 
the  case-law  of  the  Court  of  Justice,  regardless  of  the  type  of  traineeship.  The  proposed 
directive  is  complemented  by  a  proposal  for  a  strengthened  Council  Recommendation13, 
which  applies  to  all trainees  and  which  addresses  wider  issues  of  quality  and  inclusiveness, 
including  access  to  social  protection.  The  proposed  Council  Recommendation  applies  to 
trainees  who  are  workers  only  insofar  and  to  the  extent  that  equivalent  or  more  favourable 
provisions are not laid down in EU law. 

The proposal for a directive addresses two problematic and unlawful situations that have been 
identified across all types of traineeships in the EU: 

•  Where  traineeships  are  used  for  their  intended  purpose,  that  is  to  offer  an 
opportunity for trainees to gain practical and professional experience, improve 
their skills and access the labour market, but do not comply with the applicable 
EU  or  national  legislation,  they  are  non-compliant  traineeships.  In  these 
cases, trainees do not enjoy all the rights that they are entitled to. As illustrated 
in  the  accompanying  impact  assessment  report,  evidence  of  non-compliance 
has  been  found  across  the  EU.  In  addition,  non-compliance  is  likely  to  be 
underreported  due  to  the  complexity  of  regulatory  approaches  in  Member 
States, their generally weak enforcement and the specific obstacles preventing 
trainees  from  taking  legal  action  or  filing  complaints  (e.g.  short  duration  of 
contracts;  the  need  to  secure  a  more  stable  labour  market  position;  a  real  or 
perceived  dependency  from  the  employer;  the  fear  of  negative  repercussions 
from taking legal action or filing a complaint; or the lack of reporting channels 
or access to representation). 

regular  employee  positions, 

•  Where  purported  traineeships  are  not  used  for  their  intended  purpose  and 
replace 
they  are  regular  employment 
relationships disguised as traineeships. In these cases, traineeship providers 
circumvent  the  EU  or  national  law  and  collective  agreements  that  apply  to 
regular workers. 

The  problematic  and  unlawful  use  of  traineeships  undermines  the  working  conditions  of 
trainees and regular workers and harms social fairness. It can also produce an uneven playing 
field  between  traineeship  providers,  which  is  a  problem  for  businesses,  including  for  small 

12 
13 

COM(2022) 548 final. 
COM(2024) 133. 

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and  medium-sized  companies  (SMEs).  The  use  of  non-compliant  traineeships  or  regular 
employment  relationships  disguised  as  traineeships  constitutes  a  cost-reduction  measure  for 
employers, which creates a situation of unfair competitive advantage compared to compliant 
employers. Unlawful traineeship arrangements, in particular regular employment relationships 
disguised as traineeships, are also a burden on public revenue through the loss of due social 
security contributions and tax payments.  

Based on the results of the evaluation  of the QFT, further evidence gathering, and the two-
stage consultation of EU social partners in line with Article 154 TFEU, the proposed directive 
aims at achieving the following specific objectives. 

Improving and enforcing trainees’ working conditions  

The  proposed  directive  lays  down  the  principle  of  non-discrimination  to  ensure  that,  with 
regard  to  working  conditions  (including  pay),  trainees  are  not  treated  in  a  less  favourable 
manner  than  comparable  workers  in  the  same  establishment,  unless  a  different  treatment  is 
justified  on  objective  grounds.  The  proposed  directive  contains  a  number  of  provisions  that 
help  trainees  defend  their  rights  as  ‘workers’.  For  instance,  it  ensures  that  workers’ 
representatives  may  engage  in  procedures  to  enforce  the  rights  of  trainees.  It  introduces  the 
obligation  for  Member  States  to  set  up  channels  for  trainees  to  report  malpractice  and  poor 
working conditions. 

Combating regular employment relationships disguised as traineeships 

The  proposed  directive  requires  Member  States  to  provide  for  effective  checks  and 
inspections by competent authorities to detect regular employment relationships disguised as 
traineeships  and  take  enforcement  action.  To  determine  whether  a  traineeship  constitutes  a 
regular employment relationship disguised as a traineeship, competent authorities would need 
to  consider  in  their  overall  assessments  a  set  of  indicative  elements  set  out  at  EU  level.  To 
facilitate  this  assessment,  employers  must  give  competent  authorities  access  to  certain 
information, including the number, duration and working conditions of traineeships. Member 
States are also required to set a limit indicating an excessive duration of a traineeship and of 
repeated, including consecutive, traineeships with the same employer. This will help national 
authorities  identify  possible  regular  employment  relationships  disguised  as  traineeships.  In 
addition,  the  proposed  directive  requires  Member  States  to  ensure  that  employers  improve 
transparency  by  including  information  on  the  expected  tasks  and  working  conditions 
including  pay,  social  protection,  learning  and  training  elements  in  vacancy  notices  and 
advertisements of traineeships. 

• 

Consistency with existing policy provisions in the policy area 

As  part  of  the  European  Year  of  Skills,  the  EU  has  set  out  to  promote  a  mindset  where 
upskilling  and reskilling are the norm. Closing skills  gaps and addressing skills mismatches 
across  the  EU  will  boost  competitiveness,  in  particular  of  micro,  small  and  medium-sized 
enterprises  by  better  matching  employers’  needs  with  peoples’  skills  and  aspirations.  Equal 
access to skills development and work-based learning will help reduce inequalities, notably by 
empowering  people  to  fully  participate  in  the  economy  and  society.  The  European  Year  of 
Skills  follows  the  European  Year  of  Youth,  which  emphasised  the  need  to  provide  further 
impetus to the creation of quality employment opportunities for young people in line with the 
eleven  youth  goals  of  the  2019-2027  EU  Youth  Strategy14.  In  its  Communication  on  the 

14 

OJ C 456, 18.12.2018, p. 16. 

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European Year of Youth 2022, the Commission committed to updating its quality framework 
for traineeships in 2024 to address issues including fair pay and access to social protection15. 

The  Commission’s  Youth  Employment  Support  package16  of  July  2020  proposed 
Recommendations on a Bridge to jobs - reinforcing the Youth Guarantee17 and a modernised 
European  framework  for  vocational  education  and  training,  both  of  which  the  Council 
adopted18.  The  former  specifically  recommends  that  traineeship  offers  comply  with  the 
minimum  standards  laid out  in  the  QFT.  The  latter  sets  out  key  principles  for  ensuring  that 
vocational education and training adapts swiftly to labour market needs and provides quality 
learning  opportunities  for  young  people  and  adults.  It  places  a  strong  emphasis  on  better 
opportunities for work-based learning and improved quality assurance. 

In  a  similar  way  to  traineeships,  apprenticeships  are  an  important  pathway  to  facilitate 
transitions  to  the  labour  market.  The  Youth  Employment  Support  package  gave  a  renewed 
impetus to apprenticeships, including through the European Alliance for Apprenticeships19.  

These  initiatives  aimed  to  improve  the  quality  and  effectiveness  of  the  EU’s  measures  to 
promote  youth  employment  and  are  supported  by  EU  funding.  They  implement  amongst 
others  the  first  and  the  fourth  principle  of  the  European  Pillar  of  Social  Rights.  These 
principles  lay  down  the  right  to  ‘quality  and  inclusive  education,  training  and  life-long 
learning’ and the right of young people to ‘continued education, apprenticeship, traineeship or 
a  job  offer  of  good  standing  within  four  months  of  becoming  unemployed  or  leaving 
education’. 

The  EU  labour  and  social  acquis  sets  minimum  standards  through  a  number  of  legal 
instruments. The enforcement provisions included in this proposal for a directive are aimed at 
ensuring  that  trainees  who  are  workers  enjoy  these  rights.  The  following  EU-level  legal 
instruments are of particular relevance for these trainees: 

– 

– 

The Directive on transparent and predictable working conditions20 provides for 
measures  to  ensure  proper  working  conditions  of  people  who  work  in  non-
standard work relationships.  This  includes  the  right  to  receive  detailed 
information  in  written  form  on  the  essential  aspects  of  their  work.  The 
minimum  standards  set  out  in  the  Directive  are  particularly  relevant  for 
trainees,  given  the  usually  limited  duration  of  their  employment  relationship 
and vulnerable position on the labour market. 
The Fixed-Term Work Directive21 aims at improving the quality of fixed-term 
work  by  ensuring  the  application  of  the  principle  of  non-discrimination  of 
fixed-term  workers  (including  trainees)  vis-à-vis  comparable  permanent 
workers. It establishes a legal framework to prevent abuse arising from the use 

15 
COM(2024) 1 final.  
16 
COM(2020) 276 final. 
17 
OJ C 372, 4.11.2020, p. 1–9. 
18 
OJ C 417, 2.12.2020, p. 1–16. 
19 
Available online.  
20 
OJ L 186, 11.7.2019, p. 105–121. 
21 
OJ  L  175,  10.7.1999,  p.  43–48.  Clause  2  of  the  Fixed-Term  Work  Directive  stipulates  that  Member 
States, after consultation with the social partners and/or the social partners may provide that the Directive does 
not  apply  to  initial  vocational  training  relationships  and  apprenticeship  schemes  or  employment  contracts  and 
relationships  which  have  been  concluded  within  the  framework  of  a  specific  public  or  publicly-supported 
training, integration and vocational retraining programme. 

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– 

– 

– 

of successive fixed-term employment contracts or relationships. It also ensures 
access  of  fixed-term  workers  to  appropriate  training  opportunities  and  to 
information  about  vacancies  within  the  undertaking  with  a  view  to  secure  a 
permanent position.  
The Directive on adequate minimum wages in the EU22 creates a framework to 
improve  the  adequacy  of  minimum  wages  in  Member  States  with  statutory 
minimum wages. It also aims to promote collective bargaining in all Member 
States, while enhancing effective access of workers to rights to minimum wage 
protection, where provided for in national law and/or collective agreements. It 
provides  that  where  Member  States  allow  for  different  rates  of  statutory 
minimum  wage  for  specific  groups  of  workers,  they  shall  ensure  that  such 
variations  of  statutory  minimum  wages  respect  the  principles  of  non-
discrimination and proportionality. 
The Occupational Health and Safety (OSH) Framework Directive23 lays down 
the  main  principles  for  encouraging  improvements  in  the  health  and  safety  at 
work.  It  guarantees  minimum  safety  and  health  requirements  throughout  the 
EU.  The  Framework  Directive  confirms  that,  as  regards  a  secure  workplace, 
the  same  rules  apply  to  workers  and  trainees  and  is  accompanied  by  further 
directives focusing on specific aspects of safety and health at work.  

The Council Directive establishing a general framework for equal treatment in 
employment  and  occupation24  lays  down  a  general  framework  for  combating 
discrimination  on  the  grounds  of  religion  or  belief,  disability,  age  or  sexual 
orientation  as  regards  employment  and  occupation.  It  notably  prohibits 
discrimination of young trainees due to their age. 

The  Council  Recommendation  on  access  to  social  protection  for  workers  and  the  self-
employed25 recommends Member States to ensure that both workers (including trainees who 
are  workers)  and  the  self-employed  have  access  to  effective  and  adequate  social  protection. 
The  Recommendation  covers  unemployment,  sickness  and  health  care,  maternity  and 
paternity,  invalidity,  old-age  and  survivors’  benefits  and  benefits  in  respect  of  accidents  at 
work and occupational diseases. 

(EFQEA)26  sets  out  14  criteria 

The  Council  Recommendation  on  a  European  Framework  for  Quality  and  Effective 
to  define  quality  and  effective 
Apprenticeships 
apprenticeships,  ensuring  both  the  development  of  job-related  skills  and  the  personal 
development  of  apprentices.  It  takes  into  account  the  diversity  of  vocational  education  and 
training  (VET)  systems  across  the  EU.  In  some  cases,  apprentices  covered  by  the  EFQEA 
might  also  fall  within  the  scope  of  this  Directive,  insofar  as  the  apprentices  fall  under  the 
notion  of  ‘worker’  as  defined  by  the  law,  collective  agreements  or  practice  in  force  in  the 
Member States, with consideration to the case-law of the EU Court of Justice. 

22 
23 
24 
25 
26 

OJ L 275, 25.10.2022, p. 33–47. 
OJ L 183, 29.6.1989, p. 1–8. 
OJ L 303, 2.12.2000, p. 16–22. 
OJ C 387, 15.11.2019, p. 1–8. 
OJ C 153, 2.5.2018, p. 1–6. 

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• 

Consistency with other Union policies 

The  proposal  is  consistent  with  recent  EU  policies  that  aim  at  empowering  people  through 
education,  training  and  skills.  The  European  Skills  Agenda27  seeks  to  strengthen  the  EU’s 
sustainable competitiveness, ensure social fairness and support young people’s resilience.  

The proposal is also consistent with the proposal for a Council Recommendation ‘Europe on 
the Move’ – learning mobility opportunities for everyone of 15 November 202328. This aims 
at  making  learning  opportunities  across  the  EU  more  accessible  for  all  young  people, 
including  young  people  with  fewer  opportunities,  such  as  persons  with  disabilities.  It  also 
promotes  the  attractiveness  of  the  EU  as  a  learning  destination  for  talents  from  outside  the 
EU.   

Financial investments in upskilling and reskilling are at the heart of the European Social Fund 
Plus (ESF+), the Recovery and Resilience Facility (RRF), the Just Transition Fund, Erasmus+ 
and  the  Digital  Europe  Programme.  Skills  development  is  also  supported  by  the  European 
Regional Development Fund (ERDF) investments in education and training infrastructure and 
equipment.  

This initiative is also one of the actions set out in the Commission’s action plan on skills and 
labour shortages in the EU29. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal  is  based  on  Article  153(2)(b)  TFEU,  which  provides  for  the  adoption  of 
directives  setting  minimum  requirements  with  respect  to,  inter  alia,  ‘working  conditions’  as 
set  out  in  Article  153(1)(b)  TFEU,  while  avoiding  imposing  administrative,  financial  and 
legal constraints in a way which would hold back the creation and development of small and 
medium-sized undertakings. Since it does not contain measures directly affecting the level of 
pay, it fully respects the limits imposed to Union action by Article 153(5) TFEU. 

• 

Subsidiarity (for non-exclusive competence)  

The 2014 Quality Framework for Traineeships has helped Member States  implement  policy 
and  legislative  changes,  in  particular  in  those  that  have  less  developed  traineeship  systems. 
However, significant challenges in the use, quality of and access to traineeships remain in all 
Member States. An EU initiative can help to coordinate and focus Member States’ efforts on 
measures  that  can  address  the  specific  problems  identified  across  all  types  of  traineeships. 
Only an EU action can set common rules to create a consistent framework of principles and 
minimum  standards across  all Member States. The initiative would support Member States’ 
upward social convergence and the better enforcement of existing labour rights, contributing 
to a better level-playing field for trainees and traineeship providers in the EU. 

Action solely by Member States in response to the need of enforcing working conditions of 
trainees and combating regular employment relationships disguised as traineeships would not 
necessarily have the same level of protection in terms of transparency and predictability and 

27 
28 
29 

COM(2020) 274 final. 
COM(2023) 719 final. 2023/0405(NLE). 
COM(2024) 131. 

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would  risk  increasing  divergences  between  Member  States.  The  identified  challenges  must 
therefore be tackled at EU level.  

The  proposed  directive  is  based  on  a  minimum  harmonisation  of  national  systems  which 
respects  Member  States'  discretion  to  set  higher  standards  and  provides  the  possibility  for 
social partners to be entrusted with the implementation of the proposed directive. In line with 
Article 153(2)(b) TFEU, it will support and complement the activities of the Member States 
through minimum requirements for gradual implementation. 

• 

Proportionality 

This proposal sets minimum requirements, thus ensuring that the degree of intervention will 
be kept to the minimum necessary in order to reach the objectives of the proposal. Member 
States which already have more favourable provisions in place than those put forward in this 
proposal will not have to change or lower them. Member States may also decide to go beyond 
the minimum standards set out. The costs linked to this proposal are reasonable and justified 
in light of the objective to strengthen the enforcement of working conditions of trainees. 

The principle of proportionality is respected considering the size and nature of the identified 
problems. For instance, employers must provide authorities with information on traineeships 
upon  request  only.  The  impact  assessment  accompanying  this  initiative  assessed  and 
compared the policy options as to their proportionality relative to the baseline. The preferred 
option  leaves  room  for  Member  States  to  define  the  method  and  form  of  intervention  to 
achieve the objectives. Thus, it does not go beyond what is necessary to address the problems 
identified and achieve the specific objectives. 

• 

Choice of the instrument 

Article 153(2)(b) in combination with 153(1)(b) TFEU provides explicitly that directives are 
the  legal  instrument  to  be  used  for  establishing  minimum  requirements  concerning  working 
conditions to be gradually implemented by Member States. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

• 
An  evaluation30  on  the  2014  Council  Recommendation  on  a  Quality  Framework  for 
Traineeships  was  carried  out  in  2022-2023.  While  traineeships  continue  to  be  an  important 
pathway for young people to enter the labour market, it found room for improvement in terms 
of  the  implementation  of  the  QFT  principles  on  the  ground,  as  well  as  monitoring  and 
enforcement  of  the  relevant  national  legislation  governing  traineeships.  Various  stakeholder 
groups  saw  a  need  to  further  strengthen  the  rights  of  trainees  regarding  pay  and  social 
protection. 

• 

Stakeholder consultations 

Specific  consultation  activities  took  place  in  2022  as  part  of  the  Commission’s  2023 
evaluation  of  the  QFT31,  in  particular  through  a  public  consultation  survey.  The  evaluation 
also  included  targeted  consultations  of  national  and  regional  authorities  responsible  for 

30 
Traineeships (SWD(2023) 9 final). 
31 
Traineeships (SWD(2023) 9 final). 

European Commission (2023) Evaluation of the Council Recommendation on a Quality Framework for 

European Commission (2023) Evaluation of the Council Recommendation on a Quality Framework for 

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education,  training  and  employment  policies,  social  partners,  education  and  training 
providers,  academic  experts  working  on  labour  market  issues,  organisations  representing 
young people, young (former, current and potential future) trainees and other stakeholders at 
EU,  national  and  regional  level.  To  reach  all  these  stakeholders,  different  consultation 
activities  and  methods  were  used,  such  as  interviews,  targeted  consultation  meetings,  a 
targeted trainees survey and case studies. 

A two-stage consultation of the EU social partners under Article 154 TFEU was carried out 
for this proposal. During the first stage, which took place between 11 July and 15 September 
2023,  social  partners  were  consulted  on  the  need  and  possible  direction  of  EU  action32. 
During  the  second  stage,  between  28  September  and  9  November  2023,  the  Commission 
consulted social partners on the objectives and potential legal avenues for EU action33. Trade 
unions  welcomed  the  Commission’s  intention  to  update  the  QFT.  They  considered  that, 
although the principles of the QFT remained relevant, trainees needed binding protection (in 
the form of a directive) to ensure fair compensation, working conditions and social protection. 
This directive should ensure access to all rights enjoyed by regular workers under existing EU 
legislation. Trade unions stressed that the main objective of EU action must be to set binding 
minimum  standards  for  traineeships  in  the  EU  and  to  create  a  level  playing  field  that 
discourages abuse. Employers considered that the principles of the 2014 QFT remain relevant. 
In their opinion, a stronger focus should be placed on its implementation and monitoring, but 
in  their  view  a  revised  Council  Recommendation  would  strike  the  right  balance  between 
promoting  minimum  standards  and  preserving  flexibility.  The  objectives  to  address  the 
problematic use of, improve the quality of and foster access to traineeships were supported by 
employers.  Employers  also  highlighted  the  lack  of  data,  in  particular  on  open-market 
traineeships,  and  the  link  between  pay  and  the  quality  of  traineeships.  There  was  no 
agreement among social partners to enter into negotiations to conclude an agreement at Union 
level in accordance with Article 155 TFEU.  

Furthermore, as part of the study exploring the context, challenges and possible solutions in 
relation to the quality of traineeships in the EU, an online survey was conducted with national 
stakeholders.  This  aimed  to  gather  information  on  the  current  practices  of  businesses 
regarding  traineeships  and  identify  good  practices  implemented  in  Member  States  and  their 
impact on the quality of traineeships. The survey ran from 15 June to 8 September 2023 and 
was targeted at national public authorities, national business/employer associations, individual 
businesses, national trade unions, national youth organisations, civil society organisations and 
educational institutions. Targeted interviews with EU-level stakeholders were also carried out. 

A dedicated ‘SME Panel’ survey was conducted by the Directorate General  for Employment, 
Social  Affairs  and  Inclusion  (DG  EMPL),  the  Directorate  General  for  Internal  Market, 
Industry, Entrepreneurship and SMEs (DG GROW), the European Innovation Council and the 
SMEs Executive Agency (EISMEA) and with the support of the Enterprise Europe Network 
between 12 October and 9 November 2023. 
The  Flash  Eurobarometer  survey  (523)34  looked  into  young  people’s  perceptions  of  their 
integration into the labour market, with a particular focus on traineeships. Between 15 and 24 
March 2023, 26 334 people aged between 18 and 35 from all Member States were surveyed 
online. 

32 
33 
34 

Available online.  
Available online.  
Eurobarometer: traineeships help young people land first job (europa.eu) 

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• 

Collection and use of expertise 

The  proposed  directive  draws  on  several  studies  carried  out  to  underpin  the  analysis  of  the 
initiative: 

• 

• 

• 

preliminary  results  from  a  study  commissioned  from  external  experts:  "Study 
exploring the context, challenges and possible solution in relation to the quality 
of traineeships in the EU" by a consortium of Ernst & Young (EY), the Centre 
of European Policy Studies (CEPS) and Open Evidence (forthcoming);  

an  external  study  supporting  the  evaluation  of  the  Quality  Framework  for 
Traineeships, Final Report, January 202335; 

the  Flash  Eurobarometer  survey  on  the  perception  of  young  people  regarding 
labour  market,  with  a  particular  focus  on 
their 
traineeships36;  

integration 

into 

the 

The European Parliament’s 2023 legislative own-initiative resolution on quality traineeships 
in the EU was also taken into account, in conjunction with the relevant European added value 
Assessment of Parliament’s research service37.  

Impact assessment 

• 
In line with its Better Regulation policy, the Commission carried out an impact assessment38. 
This  gave a structured analysis of the policy problems, corresponding policy objectives  and 
policy  options  and  assessed  their  impact.  It  considered  the  subsidiarity,  effectiveness, 
efficiency,  coherence  and  proportionality  of  the  identified  options  and  how  to  monitor  and 
evaluate the initiative in the future. This work was supported by a  structured consultation in 
the  Commission  via  an  inter-service  steering  group39  and  the  forthcoming  “Study  exploring 
the  context,  challenges  and  possible  solution  in  relation  to  the  quality  of traineeships  in  the 
EU” referred to above. 

The impact  assessment  identified three problems:  (1) the problematic use of traineeships by 
traineeship  providers,  (2)  the  poor  quality  of  traineeships  and  (3)  unequal  access  to 
traineeships.  The  impact  assessment  examined  three  policy  options,  which  combined  both 
legislative and non-legislative measures addressing the objectives of the initiative in terms of 
enforcing  applicable  rights  of  trainees,  preventing  the  problematic  use  of  traineeships, 
ensuring fair working conditions, improving the learning content, and improving the access to 
and the inclusiveness of traineeships. The assessment of the impact of the options also took 
into  consideration  the  potential  unintended  consequences  of  the  different  policy  options, 
including on the offer of traineeships. 

The  preferred  policy  option  identified  in  the  impact  assessment  is  a  package  made  up  of  a 
directive  applying  to  trainees  who  are  workers  under  EU  law  and  an  updated  Council 
recommendation  covering  all  trainees.  This  package  is  expected  to  bring  social  benefits  to 

35 
Available online.   
36 
Available online.  
37 
The Quality of Traineeships in the EU – European added value assessment. Available online. 
38 
Commission Staff Working Document, Impact Assessment Report (2024), Accompanying the proposal 
for a Directive of the European Parliament and of the Council on improving and enforcing working conditions of 
trainees  and  combating  employment  relationships  disguised  as  traineeships  and  the  proposal  for  a  Council 
Recommendation on a reinforced Quality Framework for Traineeships, forthcoming. 
39 
DG REGIO and DG AGRI. 

Including  the  Legal  Service, SG,  DG  CNECT,  DG  EAC,  JRC,  DG  COMM,  DG  GROW,  DG  JUST, 

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trainees by reducing problematic and poor-quality traineeships through equal treatment, fairer 
pay and social protection, and by improving access to traineeships, in particular for persons in 
vulnerable situations, including persons with  disabilities,  those residing in rural,  remote  and 
outermost  regions,  those  with  a  disadvantaged  socio-economic  and/or  migrant  background, 
those from the Roma community, and those with lower educational attainment. The preferred 
option  is  expected  to  result  in  economic  benefits  for  traineeship  providers,  such  as  fairer 
market competition, productivity and competitiveness gains due to a more skilled and diverse 
workforce and lower search, matching and recruitment costs. As for costs associated with the 
preferred  option,  these  relate  to  a  possible  increase  in  labour  costs,  adjustment  costs  and 
potential  costs  resulting  from  administrative  or  judicial  procedures.  National  budgets  and 
administrations  are  expected  to  benefit  from  increased  tax  and  social  security  receipts,  and 
reduced social protection and activation spending. 

The impact assessment was first discussed with the Commission’s Regulatory Scrutiny Board 
on  13 December  2023.  On  1  February  2024,  a  revised  impact  assessment  Report  was 
submitted  to  the  Board.  On  22  February  2024,  the  Board  issued  a  positive  opinion  with 
reservations40. The  remaining  comments  were  subsequently  addressed,  by  specifying  further 
the  limitations  of  the  used  data,  strengthening  the  discussions  on  level  playing  field  and 
competition  issues  and  providing  additional  targeted  clarifications  on  the  description  and 
assessment of the policy options. 

• 

Fundamental rights 

The  Charter  of  Fundamental  Rights  of  the  European  Union  protects  a  broad  range  of 
employment rights. The objectives of this proposal are in line with the Charter. By enshrining 
the  principle  of  non-discrimination  of  trainees  and  providing  measures  to  combat  regular 
employment relationships disguised as traineeships, the proposal would strengthen Article 31 
on fair and just working conditions and Article 32 on the protection of young people at work 
which  stipulates  that  young  people  admitted  to  work  must  be  protected  against  economic 
exploitation 

4. 

BUDGETARY IMPLICATIONS 

The proposal does not require additional resources from the EU budget. 

5. 

• 

OTHER ELEMENTS 

Monitoring, evaluation and reporting arrangements 

It is proposed that Member States transpose the proposed directive 2 years after its adoption 
and  communicate  to  the  Commission  the  national  transposition  measures  via  the  MNE 
(National  Measures  for  Execution)-Database.  In  line  with  Article  153(3)  TFEU  they  may 
entrust  the  social  partners  with  the  transposition  through  collective  agreements.  The 
Commission  stands  ready  to  provide  technical  support  to  Member  States  to  implement  the 
proposed directive.  

The  Commission  proposes  to  review  the  implementation  of  the  proposed  directive  5  years 
after  the  transposition  deadline  and  propose,  where  appropriate,  legislative  amendments. 
Progress  in  achieving  the  objectives  of  the  initiative  will  be  monitored  by  a  series  of  core 

40 
Framework for traineeships of 28 February 2024 (to be published). 

Regulatory Scrutiny Board, 2nd Opinion ‘Positive with reservations’ on the impact assessment Quality 

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indicators  related  to  the  policy  objectives.  These  indicators  and  the  related  data  sources  are 
specified in Annex 15 of the impact assessment. The monitoring framework will be subject to 
further adjustments based on the final legal and implementation requirements and timeline. 

• 

Explanatory documents  

Member  States  might  use  different  legal  instruments  to  transpose  the  proposed  directive, 
which is why it is justified to request that Member States accompany the notification of their 
transposition  measures  with  one  or  more  documents.  These  should  explain  the  relationship 
between  the  components  of  the  proposed  directive  and  the  corresponding  parts  of  national 
transposition instruments, in accordance with the Joint Political Declaration of 28 September 
2011 of Member States and the Commission on explanatory documents41. 

• 

Detailed explanation of the specific provisions of the proposal 

Chapter I – General provisions 

Article 1 – Subject matter 

This  provision  sets  out the subject  matter of the Directive, which is  to  lay down a common 
framework  of  principles  and  measures  to  improve  and  enforce  the  working  conditions  of 
trainees and to combat regular employment relationships disguised as traineeships. 

Article 2 – Definitions  

This provision defines a number of terms and concepts necessary to interpret the provisions of 
the  Directive  (‘traineeship’,  ‘trainee’,  ‘regular  employment  relationship’  and  ‘regular 
employee’).  

Chapter II – Equal treatment 

Article 3 – Principle of non-discrimination 

Article 3 enshrines the principle of non-discrimination of trainees. It requires Member States 
to  have  measures  in  place  to  ensure  that  trainees  are  not  discriminated  against  as  to  their 
working conditions, including pay. However, objective grounds, such as different tasks, lower 
responsibilities,  work  intensity  or  the  weight  of  the  learning  and  training  component  may 
justify different treatment.  

This  provision  applies  in  addition  to  the  principle  of  non-discrimination  laid  down  in  the 
Fixed-Term  Work  Directive,  which  provides  for  the  equal  treatment  of  fixed-term  workers 
with  comparable  permanent  workers  in  the  same  establishment  unless  different  treatment  is 
justified on objective grounds. The additional provision in the Directive is necessary, on the 
one  hand,  as  the  Fixed-Term  Work  Directive  allows  Member  States  to  exclude  certain 
trainees  from  its  scope  and,  on  the  other  hand,  to  ensure  that  fixed-term  workers  in  a 
comparable position can also serve as comparators. 

Chapter III – Regular employment relationships disguised as traineeships 

Article 4 – Measures to combat regular employment relationships disguised as traineeships 

41 

OJ C 369, 17.12.2011, p. 14. 

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12 

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This  provision  requires  Member  States  to  take  appropriate  measures  to  combat  the 
phenomenon of regular  employment relationships  disguising as traineeships. Member States 
must put in place provisions for effective controls and inspections by competent authorities to 
detect  cases  where regular employment relationships  disguised as traineeships lead to  lower 
levels of protection of workers, including working conditions and pay, and to take action in 
such cases.  

Article 5 – Assessment of regular employment relationships disguised as traineeships 

This  article  requires  competent  authorities  to  perform  an  overall  assessment  of  all  relevant 
factual elements when determining whether a regular employment relationship is disguised as 
a traineeship. This assessment should take into account various elements such as the duration, 
the existence of a significant learning and training component, equivalent levels of tasks and 
responsibilities  and  whether  the  employer  requires  previous  work  experience  for  the 
traineeship. 

It further stipulates an information obligation for employers towards competent authorities in 
order to help the latter carry out the assessment. This obligation only applies upon request by 
the  authorities.  Information  must  be  provided  on  the  number  and  duration  of  traineeships, 
working  conditions  (including  pay),  learning  and  training  components  and  traineeship 
vacancy notices. 

Additionally,  it  stipulates  that  Member  States  must  set  a  limit  for  excessive  duration  of 
traineeships  for  the  purpose  of  the  assessment  and  lays  down  rules  for  the  content  of 
traineeship vacancy notices. 

Chapter IV – Enforcement and supporting measures 

Article 6 – Implementation and enforcement of relevant Union law 

Article  6  requires  Member  States  to  take  measures  to  implement  and  enforce  EU  law 
applicable to workers in relation to trainees. 

Article 7 – Right to redress 

This provision requires Member States to provide access to an effective and impartial dispute 
resolution mechanism and a right to redress, including adequate compensation, if a trainee’s 
rights are infringed under the Directive or other EU law applicable to workers. 

Article 8 – Procedures on behalf or in support of trainees 

This  article  enables  workers’  representatives  to  engage  on  behalf  or  in  support  of  one  or 
several  trainees  in  judicial  or  administrative  proceedings  in  order  to  enforce  the  rights  of 
trainees, provided the trainee or the trainees agree. This should help trainees overcome cost-
related or procedural barriers. 

Article 9 – Protection against adverse treatment and consequences 

This  provision  stipulates  the  protection  of  trainees  and  their  representatives  against  adverse 
treatment or consequences, in particular, regarding dismissal or its equivalent, for exercising 
the  rights  provided  for  under  the  Directive.  It  further  stipulates  a  right  of  trainees,  if  they 
consider  they  have  been  dismissed  for  exercising  their  rights  under  the  Directive  to  request 

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13 

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the  employer  to  provide  duly  substantiated  grounds  for  the  dismissal.  If  a  trainee  presents 
facts pointing to a dismissal for exercising their rights under the Directive the provision places 
the burden on the employer to prove that the dismissal or equivalent measures were based on 
other grounds. 

Article 10 – Penalties 

This  article  requires  Member  States  to  provide  for  effective,  proportionate  and  dissuasive 
penalties for breaches of the obligations under the Directive. 

Chapter V – Final provisions 

Article 11 – Non-regression and more favourable provisions  

This  article  clarifies  that  no  provision  in  the  Directive  should  be  interpreted  to  lower  the 
protection of workers afforded by other instruments and that the Directive does not constitute 
a valid ground to lower the general level of protection awarded to workers, including trainees. 
It also allows Member States to introduce provisions that are more favourable to workers or to 
encourage  or  allow  the  application  of  collective  agreements  that  are  more  favourable  to 
workers. 

Article 12 – Transposition and implementation  

This  provision  sets  out  the  maximum  period  that  Member  States  have  to  transpose  the 
Directive  into  national  law  and  communicate  the  relevant  texts  to  the  Commission.  This 
period is set at 2 years after the date of entry into force. Moreover, it highlights that Member 
States  must  ensure  adequate  involvement  of  social  partners  and  may  entrust  them  with 
implementation of the Directive. 

Article 13 – Reporting and review  

This article requires Member States to submit to the Commission the information needed to 
draft a report on the implementation of the Directive, including data on traineeships, 5 years 
after its entry into force. It also requires the Commission to submit the report to the European 
Parliament and to the Council, accompanied by a legislative proposal if needed. 

Article 14 and 15 – Entry into force and addressees 

These  provisions  stipulate  that  the  Directive  is  to  enter  into  force  on  the  twentieth  day 
following its publication in the Official Journal and is addressed to Member States. 

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2024/0068 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on improving and enforcing working conditions of trainees and combating regular 
employment relationships disguised as traineeships (‘Traineeships Directive’) 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 153 (2), point (b), in conjunction with Article 153 (1), point (b) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee42,  
Having regard to the opinion of the Committee of the Regions43,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

In March 2014, the Council adopted the Recommendation for a Quality Framework on 
Traineeships  (‘2014  Recommendation’)  to  provide  Union-wide  quality  standards  for 
traineeships.  It  recommends  21  principles  for  traineeships  to  improve  the  quality  of 
traineeships,  in  particular  to  ensure  high  quality  learning  and  training  content  and 
adequate working conditions to support education-to-work transitions and increase the 
employability  of  trainees.  The  2014  Recommendation  covers  all  traineeships  except 
for those that are part of curricula of formal education and training and those regulated 
under  national  law  and  completion  of  which  is  a  mandatory  requirement  to  access  a 
specific profession. 

The  Council  Recommendation  on  a  European  Framework  for  Quality  and  Effective 
Apprenticeships44 contains 14 criteria for quality and effective apprenticeships aiming 
to  ensure  that  apprenticeship  schemes  are  responsive  to  labour  market  needs  and 
provide benefits to both learners and employers. These include criteria for learning and 
working conditions and criteria for framework conditions. 
The reinforced Youth Guarantee45 aims at ensuring that young people under the age of 
30 receive a good quality offer of employment, continued education, apprenticeship or 

OJ C , , p. . 
OJ C , , p. . 
Council  Recommendation  of  15  March  2018  on  a  European  Framework  for  Quality  and  Effective 

42 
43 
44 
Apprenticeships (OJ C 153, 2.5.2018, p. 1). 
45 
Council Recommendation of 30 October 2020 on A Bridge to Jobs – Reinforcing the Youth Guarantee 
and replacing the Council Recommendation of 22 April 2013 on establishing a Youth Guarantee 2020/C 372/01 
(OJ C 372, 4.11.2020, p. 1). 

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traineeship  within  a  period  of  four  months  of  becoming  unemployed  or  leaving 
education. The 2014 Recommendation is an important reference point to measure the 
quality of traineeships offers under the reinforced Youth Guarantee. 

Labour shortages exist in many occupations and at all skills levels. They are expected 
to  increase  with  the  projected  decline  in  the  working  age  population  and  increasing 
demand for several occupations relevant for the green and digital transition. The lower 
labour  market  participation  of  young  people  contributes  to  these  shortages.  Quality 
traineeships  can  be  a  useful  up-  and/or  reskilling  pathway  for  persons  of  any  age  to 
acquire practical  skills  on the job to  enter  the labour market  or take their career in  a 
new direction.  

Traineeships  can  help  young  people  gain  practical  and  professional  experience, 
improve their employability, and facilitate their transition into stable employment. As 
such,  traineeships  constitute  an  important  pathway  to  the  labour  market.  For 
employers, traineeships provide opportunities to attract, train and retain young people. 
They can reduce the cost of searching for and recruiting skilled staff, when trainees are 
offered a regular position after their traineeship. However, this can only be achieved if 
traineeships are of good quality and offer decent working conditions.  

Challenges  persist  regarding  the  problematic  use  of  traineeships,  including  when 
regular  employee  positions  are  disguised  as  traineeships,  depriving  those  workers  of 
their full rights under Union law, national law and collective agreements and risking to 
trap  them  in  precarious  working  conditions.  Employment  relationships  disguised  as 
traineeships distort competition between companies by putting compliant employers at 
a  disadvantage,  lead  to  the  circumvention  of  employers'  fiscal  and  social  security 
obligations  and  to  a  substitution  of  permanent  posts.  In  other  cases,  employers  of 
‘genuine’ trainees may not  comply with  all requirements  stemming from  Union law, 
national law, collective agreements or practice, depriving them of their full rights. 

Additionally,  trainees  are  less  likely  to  defend  their  rights  due  to  their  vulnerable 
positions  in  the  labour  market.  The  absence,  complexity  or  diversity  of  regulatory 
frameworks  for  traineeships  in  various  Member  States  alongside  an  insufficient 
enforcement  of  national  legislation  and  the  lack  of  capacity  for  controls  and 
inspections, as well as a lack of clarity regarding the authority responsible for control 
and  enforcement,  are  among  the  main  factors  leading  to  the  problematic  use  of 
traineeships.  

Evidence shows that a significant proportion of trainees are subject to less favourable 
working  conditions  compared  to  regular  employees,  including  regarding  working 
hours, leave entitlements, and access to equipment as well as pay. 

At Union level,  existing legal  instruments  provide a framework for the  protection of 
workers, including the directives on transparent and predictable working conditions46, 
adequate minimum wages47, working time48, health and safety at work49, equality and 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Directive  (EU)  2022/2041  of  the  European  Parliament  and  of  the  Council  of  19  October  2022  on 

Directive  (EU)  2019/1152  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on 

46 
transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 
47 
adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33). 
48 
certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 
49 
improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1). 

Council  Directive  89/391/EEC  of  12  June  1989  on  the  introduction  of  measures  to  encourage 

Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning 

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non-discrimination50,  work-life  balance  for  parents  and  carers51,  information  and 
consultation of employees52, fixed-term work53, part-time work54, posting of workers55 
and on temporary agency work.56. This legal framework fully applies to trainees who 
have an employment contract or employment relationship as defined by law, collective 
agreements or practice in force in each Member State, with consideration to the case-
law of the Court of Justice of the European Union. The Union legal  framework also 
encompasses  recommendations  on  the  quality  of  traineeships57  and  apprenticeships58 
and on access to social protection for workers and self-employed59.  

(10)  The  Conference  on  the  Future  of  Europe60  put  forward  a  proposal  on  ensuring  that 
young people’s internships and jobs adhere to quality standards, including on pay and 
banning unpaid internships on the labour market and outside formal education. 

(11)  The  European  Parliament  adopted  a  resolution  pursuant  to  Article  225  TFEU  with 
recommendations  to  the  Commission  on  quality  traineeships  in  June  202361.  In  its 
resolution, it called on the Commission “to update and strengthen the 2014 QFT and to 
turn it into a stronger legislative instrument”. It  further called on the Commission  to 
include  additional  principles  in  an  updated  quality  framework  for  traineeships. 
Specifically,  the  European  Parliament  called  for  the  Commission  to  “propose  a 
directive  on  open  labour  market  traineeships,  traineeships  in  the  context  of  active 
labour  market  policies  and  traineeships  that  are  a  mandatory  part  of  professional 
training, in order to ensure minimum quality standards, including rules on the duration 
of  the  traineeships,  access  to  social  protection  in  accordance  with  national  law  and 
practice  as  well  as  pay  that  ensures  a  decent  standard  of  living  in  order  to  avoid 
exploitative practices”.  

(12)  The Commission carried out a two-stage consultation of social partners at Union level 
under  Article  154  TFEU  on  the  need,  objectives  and  legal  avenues  for  a  potential 

Among others: Council Directive 2000/78/EC of 27 November 2000 establishing a general framework 

Council  Directive  1999/70/EC  of  28  June  1999  concerning  the  framework  agreement  on  fixed-term 

Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life 

50 
for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16). 
51 
balance (OJ L 188, 12.7.2019, p. 79). 
52 
Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a 
general framework for informing and consulting employees in the European Community  - Joint declaration of 
the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 
29). 
53 
work concluded by ETUC, UNICE and CEEP (OJ L 175, 10.7.1999, p. 43). 
54 
Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time 
working concluded by UNICE, CEEP and the ETUC – Annex: Framework agreement on part-time work (OJ L 
14, 20.1.1998, p. 9). 
55 
Directive  (EU)  2018/957  of  the  European  Parliament  and  of  the  Council  of  28  June  2018  amending 
Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 
9.7.2018, p. 16). 
56 
temporary agency work (OJ L 327, 5.12.2008, p. 9). 
57 
27.3.2014, p. 1). 
58 
Apprenticeships (OJ C 153, 2.5.2018, p. 1). 
59 
employed (OJ C 387, 15.11.2019, p. 1). 
60 
61 
traineeships in the Union (2020/2005(INL)). 

Report on the final outcome – May 2022. 
European Parliament resolution of 14 June 2023 with recommendations to the Commission on quality 

Council  Recommendation  of  10  March  2014  on  a  Quality  Framework  for  Traineeships  (OJ  C  88, 

Council  Recommendation  of  15  March  2018  on  a  European  Framework  for  Quality  and  Effective 

Directive  2008/104/EC  of  the  European  Parliament  and  of  the  Council  of  19  November  2008  on 

Council Recommendation of 8 November 2019 on access to social protection for workers and the self-

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action further improving the quality  of traineeships. There was no agreement among 
the  social  partners  to  enter  into  negotiations  with  regard  to  those  matters.  It  is, 
however, important  to  take action at  Union level in  this  area by adapting the current 
framework on traineeships while taking into account the outcomes of the consultation 
of social partners. 

(13)  The Commission  has  extensively  consulted with  stakeholders, including  trainees  and 
youth  organisations,  traineeship  providers,  national  public  authorities,  educational 
institutions, and experts from academia. 

(14)  Article  153(2)  in  conjunction  with  (1)(b)  TFEU  empowers  the  European  Parliament 
and  the  Council  to  adopt  Directives  setting  minimum  requirements  on  working 
conditions  with  a  view  to  achieving  the  objectives  set  out  in  Article  151  TFEU, 
namely the promotion of employment and improved living and working conditions.  

(15)  Considering the persisting challenges regarding the problematic use of traineeships in 
the  Union,  further  action  is  needed  to  combat  regular  employment  relationships 
disguised  as  traineeships  and  to  ensure  that  the  relevant  Union  and  national  law 
applicable  to  workers  is  fully  implemented  and  enforced  in  relation  to  trainees.  This 
Directive  addresses  these  challenges  by  laying  down  minimum  requirements  to 
improve  and  enforce  the  working  conditions  of  trainees  in  the  Union  and  to  combat 
employment  relationships  disguised  as  traineeships,  by  establishing  a  common 
framework  of  principles  and  measures  necessary  to  ensure  equal  treatment  and  to 
implement and enforce Union and national law applicable to workers more effectively. 

(16)  This Directive should apply to trainees in the Union who have an employment contract 
or employment relationship as defined by the law, collective agreements or practice in 
force in the Member States, with consideration to the case-law of the Court of Justice 
of the European Union. In its case law, the Court of Justice has established criteria for 
determining the status of a worker, which is to be based on a case-by-case-analysis.  

(17)  Work-based  learning  programmes  falling  under  the  definition  of  traineeship  vary 
significantly across Member States. Hence, apprenticeships may fall within the scope 
of this Directive, insofar as apprentices fall under the notion of ‘worker’ as defined by 
the  law,  collective  agreements  or  practices  in  force  in  the  Member  States,  with 
consideration to the case-law of the Court of Justice of the European Union. 

(18)  Chapter  III of the Directive applies to  regular employees  who are  falsely labelled as 
trainees,  i.e.  when  employers  label  a  regular  employment  relationship  either  as  a 
traineeship  which  is  not  an  employment  relationship,  or  as  a  traineeship  which  does 
constitute  an  employment  relationship,  however  with  a  lower  level  of  pay  or  other 
working  conditions  than  those  which  regular  employees  would  be  entitled  to  under 
Union or national law, collective agreements or practice. 

(19)  Traineeships which are employment relationships can be distinguished from ‘regular’ 
employment  relationships  in  that  they  are  limited  in  time,  they  include  a  significant 
learning and training component and that they are undertaken in order to gain practical 
and  professional  experience  with  a  view  to  improving  employability  and  facilitating 
transition to employment or accessing a profession. 

(20)  The principle of non-discrimination is suitable to combat abuses of traineeships, such 
as  granting  trainees  less  favourable  working  conditions  or  lower  pay  compared  with 
regular employees without appropriate justification, and to ensure the sustainability of 
traineeships  as  a  pathway  to  stable  employment  opportunities.  It  can  also  help  make 
traineeships more accessible to groups of workers in a vulnerable situation. 

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(21) 

It  is  therefore  necessary  to  lay  down  the  principle  of  non-discrimination  for  trainees 
which  should  apply  in  addition  to  Clause  4  of  the  Annex  to  the  Council  Directive 
1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work 
concluded  by  ETUC,  UNICE  and  CEEP,  which  provides  that  in  respect  of 
employment conditions, fixed-term workers are not to be treated in a less favourable 
manner  than  comparable  permanent  workers  solely  because  they  have  a  fixed-term 
contract  or  relation  unless  different  treatment  is  justified  on  objective  grounds. 
Trainees who have an employment relationship are by definition ‘fixed-term workers’ 
within the meaning of that Directive. Its clause on the principle of non-discrimination, 
however,  does  not  allow  for  comparison  with  other  fixed-term  workers.  Moreover, 
Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain 
types of workers from its scope, including initial vocational training relationships and 
apprenticeship  schemes  or  employment  contracts  and  relationships  which  have  been 
concluded  within  the  framework  of  a  specific  public  or  publicly  supported  training, 
integration  and  vocational  retraining  programme.  It  also  fails  to  recognise  the 
particularly  vulnerable  position  that  trainees  are  in.  It  is  therefore  necessary  to 
guarantee that the principle of equal treatment compared to regular employees applies 
to all trainees who have an employment relationship.  

(22)  Member  States  should  therefore  ensure  that,  in  respect  of  working  conditions 
including  pay,  trainees  are  not  treated  in  a  less  favourable  manner  than  comparable 
regular employees in the same establishment, unless different treatment is justified on 
objective grounds. The sole fact of being a trainee  cannot constitute grounds for less 
favourable treatment compared to regular employees in the same establishment. At the 
same  time,  different  tasks,  lower  responsibilities  or  work  intensity  in  relation  to 
comparable  regular  employees  may  constitute  objective  grounds  for  different 
treatment,  where  relevant,  with  regard  to  the  employment  condition  at  issue.  The 
extent of different treatment should, however, be proportionate to those grounds.  

(23)  The application of the principle of non-discrimination requires the identification of a 
comparable  regular  employee  engaged  in  the  same  or  similar  type  of  work  or 
occupation as the trainee, due regard being given to qualifications and skills. 

(24)  Member  States  should  have  appropriate  measures  in  place  to  combat  regular 
employment  relationships  disguised  as  traineeships  with  the  effect  of  granting  lower 
levels of protection, including working conditions and pay, than the worker concerned 
would be entitled to under Union or national law, collective agreements or practice. 

(25) 

It  is  necessary  to  ensure  effective  controls  and  inspections  conducted  by  competent 
authorities as they are essential to protect the rights of trainees and to combat regular 
employment relationships disguised as traineeships. They should be targeted to avoid 
the  substitution  of  regular  employment  by  disguised  traineeships  and  to  protect 
workers’ rights.  

(26)  The  assessment  whether  a  regular  employment  relationship  is  disguised  as  a 
traineeship  should  be  based  on  the  factual  circumstances  and  not  on  the  formal 
designation  of  the  contractual  relationship.  In  order  to  determine  whether  a  regular 
employment  relationship  is  disguised  as  a  traineeship,  competent  authorities  should 
perform an overall assessment of all relevant facts. In order to facilitate the assessment 
for  competent  authorities,  key  elements  that  would  allow  to  make  the  distinction 
between a regular employment relationship and a disguised traineeship should be set 
out.  The assessment  of those elements should be performed on a case-by-case basis, 
taking due account of the circumstances of each specific case. Therefore, the elements 

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referred  to  are  indicative  and  non-exhaustive  and  without  the  necessity  to  meet  a 
specific threshold.  

(27)  Requiring  previous  work  experience  for  a  traineeship  in  the  same  or  similar  field  of 
activity may not indicate a regular employment relationship disguised as a traineeship 
if  the  employer  provides  justification  such  as  an  equivalent  period  of  previous  work 
experiences  being  an  alternative  to  having  a  degree  in  a  certain  field  of  activity  or 
expertise. 

(28)  When competent authorities carry out their analysis of the relevant facts to determine 
the  existence  of  a  regular  employment  relationship  disguised  as  a  traineeship,  the 
information needed to perform this analysis might not always be easily accessible to 
them.  In  order  to  enable  competent  authorities  to  perform  their  tasks,  employers 
should  be  obliged  to  provide  them  with  the  necessary  information  that  lies  in  their 
control upon request of the competent authorities. 

(29)  Member States should have appropriate measures in place to facilitate the assessment 
of  whether  a  purported  traineeship  genuinely  constitutes  a  traineeship.  This  should 
include  a  time  limit  indicating  excessive  duration  of  a  traineeship  and  of  repeated, 
including  consecutive, traineeships with  the same employer. A reasonable maximum 
duration of traineeships should, in principle, not exceed six months, as stipulated in the 
2014 Recommendation. However, Member States may provide that a longer duration 
can be justified if it is based on objective grounds. Examples of such exceptions could 
be  traineeships  whose  completion  is  a  mandatory  requirement  to  access  a  specific 
profession, the trajectory  of which to  acquire the necessary knowledge, competences 
and experience warrants a longer traineeship experience. Certain traineeships that are 
part of active labour market policies aimed at the integration of persons in a vulnerable 
situation could also benefit from a longer duration. Some traineeships that are part of 
curricula of formal education or vocational education and training may have a longer 
duration for reasons linked to the curricula.  

(30)  The  obligation  for  employers  to  include  information  on  the  expected  tasks,  working 
conditions,  including  pay,  social  protection,  learning  and  training  elements  in  the 
vacancy notices and advertisements for traineeships could be fulfilled by including a 
link to a website containing this information. 

(31) 

In  addition  to  this  Directive,  Member  States  should  ensure  full  implementation  and 
enforcement  of  the  rights  enshrined  in  the  Union  acquis  applicable  to  trainees  who 
have an employment relationship. 

(32)  An extensive system of enforcement provisions for the social acquis in the Union has 
been  developed  in  recent  legal  instruments,  such  as  Directive  (EU)  2019/1152  and 
Directive  (EU)  2023/97062.  Such  provisions  should  be  included  in  this  Directive  to 
help ensure effective enforcement and defence of rights of trainees stemming from this 
Directive and from other Union law applicable to workers.  

(33)  Trainees should have access to effective and impartial dispute resolution and a right to 
redress,  including  adequate  compensation.  Trainees  should  be  informed  about  the 
redress mechanisms for the purpose of exercising their right to redress. Having regard 
to  the  fundamental  nature  of  the  right  to  effective  legal  protection,  trainees  should 

62 
Directive (EU) 2023/970 of the European Parliament and of the Council of 10 May 2023 to strengthen 
the  application  of  the  principle  of  equal  pay  for  equal  work  or  work  of  equal value  between  men  and  women 
through pay transparency and enforcement mechanisms, OJ L 132, 17.5.2023, p. 21. 

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20 

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continue to enjoy such protection even after the end of the traineeship giving rise to an 
alleged breach of rights under this Directive and other relevant Union law applicable 
to workers. 

(34)  To provide a more effective level of protection of trainees, representatives of workers 
should  be  able  to  engage  in  proceedings  in  order  to  defend  any  of  the  rights  and 
obligations arising from this Directive or from other Union law applicable to workers 
either on behalf or in support of one or several trainees. 

(35)  Trainees  should  be  provided  with  adequate  judicial  and  administrative  protection 
against any adverse treatment and consequences  in  reaction to  any  complaint lodged 
with  the  employer  or  resulting  from  any  proceedings  initiated  with  the  aim  of 
enforcing compliance with the rights provided for in this Directive or in other Union 
law applicable to workers. In particular, trainees should be protected from dismissal or 
its  equivalent  and  all  preparations  for  dismissal  or  its  equivalent  for  exercising  the 
rights provided for in this Directive or in other Union law applicable to workers.  

(36)  Member  States  should  lay  down  rules  on  effective,  proportionate  and  dissuasive 
penalties  for  cases  of  infringement  of  the  rights  provided  for  in  the  scope  of  this 
Directive. Penalties can include administrative and financial penalties, such as fines or 
the payment of compensation, as well as other types of penalties. 

(37)  This  Directive  lays  down  minimum  requirements,  thus  leaving  untouched  Member 
States’  prerogative  to  introduce  and  maintain  more  favourable  provisions.  Rights 
acquired  under  the  existing  legal  framework  should  continue  to  apply,  unless  more 
favourable provisions are introduced by this Directive.  

(38)  Since  the  objectives  of  this  Directive,  namely  to  enforce  working  conditions  of 
trainees  and  combat  regular  employment  relationships  disguised  as  traineeships, 
cannot be sufficiently achieved by the Member States, but can, by reason of their scale 
and  effects,  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in 
accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance 
with the principle of proportionality, as set out in that Article, this Directive does not 
go beyond what is necessary in order to achieve those objectives. 

(39) 

In  implementing  this  Directive  Member  States  should  avoid  imposing  unnecessary 
administrative,  financial  and  legal  constraints,  in  particular  if  they  hold  back  the 
creation  and  development  of  micro,  small  and  medium-sized  enterprises.  Member 
States are therefore encouraged to assess the impact of their transposition measures on 
those  enterprises  in  order  to  ensure  that  they  are  not  disproportionately  affected, 
paying  particular  attention  to  microenterprises  and  to  the  administrative  burden,  to 
publish the results of such assessments, and to provide support to those enterprises as 
necessary.  

(40)  Member  States  may  entrust  the  social  partners  with  the  implementation  of  this 
Directive,  where  the  social  partners  jointly  request  to  do  so  and  provided  that  the 
Member  States  take  all  the  necessary  steps  to  ensure  that  they  can  at  all  times 
guarantee the results sought under this Directive. They should also, in accordance with 
national law and practice, take adequate measures to ensure the effective involvement 
of  the  social  partners  and  to  promote  and  enhance  social  dialogue  with  a  view  to 
implementing the provisions of this Directive. 

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HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 
General provisions 

Article 1 
Subject matter 

This  Directive  lays  down  a  common  framework  of  principles  and  measures  to  improve  and 
enforce  the  working  conditions  of  trainees  and  to  combat  regular  employment  relationships 
disguised as traineeships 

For the purposes of this Directive, the following definitions  apply: 

Article 2 
Definitions 

(a) 

(b) 

‘traineeship’  means  a  limited  period  of  work  practice  which  includes  a 
significant  learning  and  training  component,  undertaken  to  gain  practical  and 
professional  experience  with  a  view 
improving  employability  and 
facilitating  transition  to  a  regular  employment  relationship  or  accessing  a 
profession;  

to 

‘trainee’ means any person undertaking a traineeship who has an employment 
contract  or  employment  relationship  as  defined  by  the  law,  collective 
agreements  or  practice  in  force  in  every  Member  State  with  consideration  to 
the case law of the Court of Justice; 

(c) 

‘regular  employment relationship’ means  any employment relationship  that is 
not a traineeship;  

(d) 

‘regular employee’ means any person in a regular employment relationship. 

Chapter II 
Equal treatment 

Article 3 
Principle of non-discrimination 

Member States shall ensure that, in respect of working conditions including pay, trainees are 
not  treated  in  a  less  favourable  manner  than  comparable  regular  employees  in  the  same 
establishment,  unless  different  treatment  is  justified  on  objective  grounds,  such  as  different 
tasks,  lower  responsibilities,  work  intensity  or  the  weight  of  the  learning  and  training 
component. 

Where  there  is  no  comparable  regular  employee  in  the  same  establishment,  the  comparison 
shall  be  made  by  reference  to  the  applicable  collective  agreement,  or  where  there  is  no 
applicable collective agreement, in accordance with national law or practice. 

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Chapter III 
 Regular employment relationships disguised as traineeships 

Article 4 
Measures to combat regular employment relationships disguised as traineeships 

Member  States  shall  provide  for  effective  controls  and  inspections  conducted  by  competent 
authorities  to  detect  and  take  enforcement  measures  against  practices  where  a  regular 
employment relationship is disguised as traineeship with the effect of granting lower levels of 
protection,  including  working  conditions  and  pay,  than  the  worker  concerned  would  be 
entitled to under Union or national law, collective agreements or practice. 

Article 5 
Assessment of regular employment relationships disguised as traineeships 

1. 

In  order  to  determine  whether  a  purported  traineeship  constitutes  a  regular 
employment relationship, competent authorities shall make an overall assessment of 
all relevant factual elements. That assessment shall take into account, among others, 
the following indicative elements: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  absence  of  a  significant  learning  or  training  component  in  the  purported 
traineeship; 

the  excessive  duration  of  the  purported  traineeship  or  multiple  and/or 
consecutive  purported  traineeships  with  the  same  employer  by  the  same 
person; 

equivalent levels  of tasks, responsibilities and intensity of work for purported 
trainees  and  regular  employees  at  comparable  positions  with  the  same 
employer; 

the requirement for previous work experience for candidates for traineeships in 
the same or a similar field of activity without appropriate justification; 

a  high  ratio  of  purported  traineeships  compared  with  regular  employment 
relationships with the same employer; 

a  significant  number  of  purported  trainees  with  the  same  employer  who  had 
completed two or more traineeships or held regular employment relationships 
in  the  same  or  similar  field  of  activity,  prior  to  taking  up  the  purported 
traineeship. 

2. 

To enable competent authorities to carry out the assessment referred to in paragraph 
1,  the  employer  shall,  upon  request,  provide  those  authorities  with  the  following 
information: 

(a) 

the number of traineeships and regular employment relationships  

(b) 

the duration of traineeships; 

(c) 

the  working  conditions,  including  pay,  tasks  and  responsibilities  of  purported 
trainees and of regular employees at comparable positions; 

(d) 

the descriptions of the learning and training components of traineeships; 

(e) 

the vacancy notices for traineeships. 

3. 

To facilitate the assessment referred to in paragraph 1, Member States shall: 

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(a) 

(b) 

define  a  time  limit  indicating  excessive  duration  of  a  traineeship  and  of 
repeated, including consecutive, traineeships with the same employer; 

require  employers  to  include  information  on  the  expected  tasks,  working 
conditions,  including  pay,  social  protection,  learning  and  training  elements  in 
the vacancy notices and advertisements for traineeships. 

Member  States  may  provide  for  exceptions  to  the  time-limit  in  point  (a)  in  cases 
where a longer duration is justified by objective grounds. 

Chapter IV 
Enforcement and supporting measures 

Article 6 
Implementation and enforcement of relevant Union law 

Member States shall take effective measures to ensure that all relevant Union law applicable 
to workers is fully implemented and enforced in relation to trainees. In particular they shall: 

(a) 

ensure that information on the rights of trainees is publicly available in a clear, 
comprehensive and easily accessible way; 

(b)  develop guidance for employers of trainees regarding the legal framework for 
traineeships, including relevant labour law and social protection aspects;  

(c) 

(d) 

(e) 

(f) 

provide  for  effective  controls  and  inspections  conducted  by  competent 
authorities to enforce relevant labour law in relation to trainees; 

ensure  that  the  competent  authorities  are  provided  with  the  human,  technical 
and financial resources necessary to perform effective controls and inspections 
and  have  the  competence  to  impose  effective,  proportionate  and  dissuasive 
penalties; 

develop  the  capability  of  the  competent  authorities,  in  particular  through 
training  and  guidance,  to  proactively  target  and  pursue  non-compliant 
employers; 

ensure, in cooperation with the competent authorities, channels for trainees to 
report  malpractice  and  poor  working  conditions,  and  provide  information  on 
those channels 

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Article 7 
Right to redress 

Member States shall ensure that trainees, including those whose employment relationship has 
ended,  have  access  to  effective  and  impartial  dispute  resolution  and  a  right  to  redress, 
including adequate compensation, in the case of infringements of their rights arising from this 
Directive or from other Union law applicable to workers. 

Article 8 
Procedures on behalf or in support of trainees 

Member  States  shall  ensure  that  representatives  of  workers  may  engage  in  any  relevant 
judicial  or  administrative  procedure  to  enforce  the  rights  and  obligations  arising  from  this 
Directive  or  from  other  Union  law  applicable  to  workers.  They  may  act  on  behalf  or  in 
support  of  one  or  several  trainees  in  the  case  of  an  infringement  of  any  right  or  obligation 
arising from this Directive or from other Union law applicable to workers, with that trainee’s 
or those trainees’ approval. 

Article 9 
Protection against adverse treatment and consequences 

Member  States  shall  introduce  the  necessary  measures  to  protect  trainees  and  their 
representatives  from  any  adverse  treatment  by  the  employer  and  from  any  adverse 
consequences resulting from a complaint lodged with the employer or resulting from 
any  proceedings  initiated  with  the  aim  of  enforcing  compliance  with  the  rights 
provided for in this Directive or in other Union law applicable to workers. 

In  particular,  Member  States  shall  take  the  necessary  measures  to  prohibit  the 
dismissal  or  its  equivalent,  and  all  preparations  for  dismissal  or  its  equivalent,  of 
trainees  on  the  grounds  that  they  have  exercised  the  rights  provided  for  in  this 
Directive or in other Union law applicable to workers. 

Trainees  who  consider  that  they  have  been  dismissed,  or  have  been  subject  to 
measures  with  equivalent  effect,  on the grounds  that they have exercised the rights 
provided  for  in  this  Directive,  or  in  other  Union  law  applicable  to  workers,  may 
request  the employer to  provide duly  substantiated grounds for the dismissal or the 
equivalent measures. The employer shall provide those grounds in writing. 

Member  States  shall  take  the  necessary  measures  to  ensure  that,  when  trainees 
referred  to  in  paragraph  3  establish,  before  a  court  or  other  competent  authority  or 
body, facts from which it may be presumed that there has been such a dismissal or 
equivalent  measures,  it  shall  be  for  the  employer  to  prove  that  the  dismissal  or 
equivalent measures were based on grounds other than those referred to in paragraph 
2. 

Member States shall not be required to apply paragraph 4 to proceedings in which it 
is  for  the  court  or  other  competent  authority  or  body  to  investigate  the  facts  of  the 
case. 

Paragraph  4  shall  not  apply  to  criminal  proceedings,  unless  otherwise  provided  by 
the Member State. 

1. 

2. 

3. 

4. 

5. 

6. 

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Article 10 
Penalties 

Member States shall lay down the rules on penalties applicable to infringements of national 
provisions  adopted  pursuant  to  this  Directive  or  the  relevant  provisions  already  in  force 
concerning the rights which are within the scope of this Directive. The penalties provided for 
shall be effective, proportionate and dissuasive. 

Chapter V 
Final provisions 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

1. 

Article 11 
Non-regression and more favourable provisions 

No  provision  in  this  Directive  shall  be  construed  as  lowering  the  protection  of 
workers  afforded  by  other  instruments  of  Union  law,  national  law,  collective 
agreements or practice. 

This  Directive  shall  not  constitute  valid  grounds  for  reducing  the  general  level  of 
protection already afforded to workers, including trainees, within Member States. 

This  Directive  shall  not  affect  Member  States’  prerogative  to  apply  or  to  introduce 
laws, regulations or administrative provisions which are more favourable to workers 
or  to  encourage  or  permit  the  application  of  collective  agreements  which  are  more 
favourable to workers. 

Article 12 
Transposition and implementation 

Member States shall take the necessary measures to comply with this Directive by [2 
years after entry into force]. They shall immediately inform the Commission thereof. 

When  Member  States  adopt  the  measures  referred  to  in  paragraph  1,  they  shall 
contain a reference to this Directive or shall be accompanied by such reference on the 
occasion of their official publication. The methods of making such reference shall be 
laid down by Member States. 

Member  States  shall  communicate  to  the  Commission  the  text  of  the  measures  of 
national law which they adopt in the field covered by this Directive. 

Member  States  shall,  in  accordance  with  their  national  law  and  practice,  take 
adequate measures to ensure the effective involvement of the social partners and to 
promote and enhance social dialogue with a view to implementing this Directive. 

Member  States  may  entrust  the  social  partners  with  the  implementation  of  this 
Directive,  where  the  social  partners  jointly  request  to  do  so  and  provided  that 
Member States take all necessary steps to ensure that they can at all times guarantee 
the results sought under this Directive. 

Article 13 
Reporting and review 

By [5 years after the date of transposition], Member States shall communicate to the 
Commission all information concerning the implementation of this Directive that is 
necessary  for  the  Commission  to  draw  up  a  report.  That  information  shall  include 

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data  on  traineeships  for  the  purposes  of  allowing  the  proper  monitoring  and 
assessment of the implementation of this Directive. 

2. 

The Commission shall submit the report referred to in paragraph 1 to the European 
Parliament and to the Council. The report shall, if appropriate, be accompanied by a 
legislative proposal. 

Article 14 
Entry into force 

The  Directive  shall  enter  into  force  on  the  twentieth  day  following  its  publication  in  the 
Official Journal of the European Union. 

Article 15 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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