Many students are looking to land their internship these days. Trainees have rights, what are they? How much should they be paid? Can they work as much as an employee? Sonia Yangui is an expert in social law within the SVP group.
franceinfo: how much should an intern be paid?
Sonia Yangui: an intern must receive a bonus when the internship lasts longer than two months. This means that if the internship is for a period of two months or less, there is no compulsory gratuity. The minimum amount that is exempt from contributions for the company is 3.90 euros per hour. The company can pay more but it will be subject to contributions for the surplus. The trainee will receive a bonus according to the number of hours he will actually work in the company.
What are the minimum and maximum durations of an internship?
The law does not provide for a minimum duration, but it does provide for a maximum duration. The duration of the internship carried out by the same intern in the same company cannot exceed six months per year of teaching. To calculate this effective presence, it should be noted that the maximum total duration of six months is equivalent to 924 hours or 132 days.
What can an intern do?
The trainee must have one or more missions in line with the educational project defined by his educational institution and approved by the host organisation. The employer can entrust him with professional tasks, so he will perform work under the real conditions of employment. However, he cannot make him perform a regular task corresponding to a permanent position. He cannot replace an absent employee. The trainee is subject to the same rules as the employees of the company with regard to the maximum working hours, daily and weekly. There are specific provisions for minor trainees: those under 18 must not work more than 35 hours per week and no more than 7 hours per day for those under sixteen. There are jobs that are prohibited for minors: dangerous jobs, drinking establishments, in general, tasks that are dangerous to health and safety.
Do you necessarily need a tutor?
Yes, the company has the obligation to appoint a tutor who will be responsible for welcoming and supporting the trainee. It is the guarantor of the pedagogical stipulations found in the internship agreement.
Is this agreement mandatory?
Yes, it is an act that is concluded between the educational establishment, the host company and the trainee. The content is defined by decree but what must be remembered is that it is necessary to provide for the duration, the dates of the internship, the organization of working time, the bonus, the reception, the supervision, the missions. that we will entrust to the trainee.
Are interns entitled to the same benefits as employees?
He is not an employee so he will not have the 13th month bonus, but he benefits from access to the company restaurant, meal vouchers, transport costs and social activities. and cultural aspects of the CSE.