Praktikalepingute soovitus ja direktiiv

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EUROPEAN COMMISSION

Brussels, 20.3.2024

COM(2024) 132 final

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}

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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. 2 Youth unemployment (15-25 years) was 14.9% in January 2024, compared to a general unemployment

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 Conference on the Future of Europe. Report on the final outcome. May 2022. 9 HYPERLINK "https://eur-lex.europa.eu/legal-

content/EN/TXT/PDF/?uri=CELEX:52022IE0638"Available online. 10 Available online. 11 HYPERLINK "https://www.europarl.europa.eu/doceo/document/TA-9-2023-0239_EN.html"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).

• Where purported traineeships are not used for their intended purpose and

replace regular employee positions, 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 COM(2022) 548 final. 13 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 those disguised as employment,

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 HYPERLINK "https://ec.europa.eu/social/main.jsp?catId=1147"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.

The Council Recommendation on a European Framework for Quality and Effective

Apprenticeships (EFQEA)26 sets out 14 criteria to define quality and effective

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 OJ L 275, 25.10.2022, p. 33–47. 23 OJ L 183, 29.6.1989, p. 1–8. 24 OJ L 303, 2.12.2000, p. 16–22. 25 OJ C 387, 15.11.2019, p. 1–8. 26 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 COM(2020) 274 final. 28 COM(2023) 719 final. 2023/0405(NLE). 29 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 OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

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

Traineeships (SWD(2023) 9 final). 31 European Commission (2023) Evaluation of the Council Recommendation on a Quality Framework for

Traineeships (SWD(2023) 9 final).

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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 HYPERLINK "https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3746"Available online. 33 HYPERLINK "https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4606"Available online. 34 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

their integration into the labour market, with a particular focus on

traineeships36;

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 HYPERLINK "https://ec.europa.eu/social/BlobServlet?docId=26544&langId=en"Available online. 36 HYPERLINK "https://ec.europa.eu/commission/presscorner/detail/en/ip_23_2484"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 Including the Legal Service, SG, DG CNECT, DG EAC, JRC, DG COMM, DG GROW, DG JUST,

DG REGIO and DG AGRI.

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

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

EN 12 EN

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.

EN 13 EN

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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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) 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.

(2) 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.

(3) 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

42 OJ C , , p. . 43 OJ C , , p. . 44 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective

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).

EN 16 EN

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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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.

(9) 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

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

transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 47 Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on

adequate minimum wages in the European Union (OJ L 275, 25.10.2022, p. 33). 48 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning

certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 49 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage

improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1).

EN 17 EN

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

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

for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16). 51 Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life

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

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

temporary agency work (OJ L 327, 5.12.2008, p. 9). 57 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships (OJ C 88,

27.3.2014, p. 1). 58 Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective

Apprenticeships (OJ C 153, 2.5.2018, p. 1). 59 Council Recommendation of 8 November 2019 on access to social protection for workers and the self-

employed (OJ C 387, 15.11.2019, p. 1). 60 Report on the final outcome – May 2022. 61 European Parliament resolution of 14 June 2023 with recommendations to the Commission on quality

traineeships in the Union (2020/2005(INL)).

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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

EN 20 EN

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.

EN 21 EN

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

Article 2

Definitions

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

(a) ‘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 to improving employability and

facilitating transition to a regular employment relationship or accessing a

profession;

(b) ‘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.

EN 23 EN

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) the absence of a significant learning or training component in the purported

traineeship;

(b) the excessive duration of the purported traineeship or multiple and/or

consecutive purported traineeships with the same employer by the same

person;

(c) equivalent levels of tasks, responsibilities and intensity of work for purported

trainees and regular employees at comparable positions with the same

employer;

(d) the requirement for previous work experience for candidates for traineeships in

the same or a similar field of activity without appropriate justification;

(e) a high ratio of purported traineeships compared with regular employment

relationships with the same employer;

(f) 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) define a time limit indicating excessive duration of a traineeship and of

repeated, including consecutive, traineeships with the same employer;

(b) 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) provide for effective controls and inspections conducted by competent

authorities to enforce relevant labour law in relation to trainees;

(d) 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;

(e) develop the capability of the competent authorities, in particular through

training and guidance, to proactively target and pursue non-compliant

employers;

(f) ensure, in cooperation with the competent authorities, channels for trainees to

report malpractice and poor working conditions, and provide information on

those channels

EN 25 EN

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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. Paragraph 4 shall not apply to criminal proceedings, unless otherwise provided by

the Member State.

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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

Article 11

Non-regression and more favourable provisions

1. 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.

2. This Directive shall not constitute valid grounds for reducing the general level of

protection already afforded to workers, including trainees, within Member States.

3. 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

1. 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.

2. 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.

3. 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.

4. 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.

5. 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

1. 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 For the Council

The President The President

    Resolutsiooni liik: Riigikantselei resolutsioon Viide: Majandus- ja Kommunikatsiooniministeerium /  / ; Riigikantselei /  / 2-5/24-00580

Resolutsiooni teema: Praktikalepingute soovitus ja direktiiv

Adressaat: Majandus- ja Kommunikatsiooniministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgnevate algatuste kohta, kaasates seejuures olulisi huvigruppe ja osapooli: - 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’), COM(2024) 132; - Proposal for a COUNCIL RECOMMENDATION on a reinforced Quality Framework for Traineeships, COM(2024) 133.

EISi toimiku nr: 24-0145

Tähtaeg: 13.05.2024

Adressaat: Haridus- ja Teadusministeerium, Justiitsministeerium Ülesanne: Palun esitada oma sisend Majandus- ja Kommunikatsiooniministeeriumile seisukohtade kujundamiseks antud eelnõude kohta (eelnõude infosüsteemi (EIS) kaudu).

Tähtaeg: 03.05.2024

Lisainfo: Eelnõu on kavas arutada valitsuse 23.05.2024 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (15.05.2024) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 13.05.2024.

Kinnitaja: Merli Vahar, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 09.04.2024 Resolutsiooni koostaja: Elen Nurme [email protected], 693 5201      

.

04.04.2024

Praktikalepingud

Otsuse ettepanek koordinatsioonikogule

Kujundada seisukoht

Kaasvastutaja sisendi tähtpäev 03.05.2024

KOKi esitamise tähtpäev 15.05.2024

VV esitamise tähtpäev 23.05.2024

Vastutav ministeerium: Majandus- ja Kommunikatsiooniministeerium

Kaasvastutajad: Haridus- ja Teadusministeerium, Justiitsministeerium

Seisukoha valitsusse toomise alus ja põhjendus

 Algatuse reguleerimisala nõuab vastavalt Eesti Vabariigi põhiseadusele seaduse või Riigikogu otsuse vastuvõtmist, muutmist või kehtetuks tunnistamist (RKKTS § 152¹ lg 1 p 1)

 Seisukoha võtmist peab oluliseks peaminister või minister (VVS § 20¹ lg 2)

Sisukokkuvõte

Euroopa Komisjon esitas 20. märtsil 2024. a tööjõu ja oskuste nappuse teemalise algatuste paketi, mille osadeks on katusteatis "Tööjõu ja oskuste nappus Euroopa Liidus: tegevuskava" (COM (2024) 131), nõukogu soovituste eelnõu tugevdatud praktika kvaliteediraamistiku kohta (COM (2024) 133) ning direktiivi eelnõu praktikantide töötingimuste parandamise ja jõustamise ning praktikate taha peidetud regulaarsete töösuhete vastu võitlemise kohta (COM (2024) 132). Algatuste eesmärk on näha ette toetusmeetmeid tööturul sobivate oskustega tööjõu nappuse leevendamiseks, nt lisaks tööturul vähemhõivatute kaasamine, töötingimuste parandamine, liidusisese töö- ja õpirände toetamine ning talentide meelitamine kolmandatest riikidest. Eesti seisukohad tuleb kujundada soovituse ning direktiivi eelnõu kohta, mis keskenduvad praktika kvaliteediraamistiku tugevdamisele ja praktikantide töötingimuste parandamisele.

Nõukogu soovituse eelnõu (COM (2024) 133) eesmärk on parandada praktikate kvaliteeti õppimise ja väljaõppe sisu ning töötingimuste osas. Näiteks tuleks praktika kohta sõlmida kirjalik kokkulepe (nn praktikaleping). Esitatakse ridamisi soovitusi praktikale kehtivate töötingimuste, õiglase tasustamise, mentorluse, kaugtöö, sotsiaalsete tagatiste kohta, samuti

praktika mõistliku pikkuse, järjestikku lubatavate praktikate ja praktika tegemist tõendava dokumendi formaadi kohta. Esitatakse ka läbipaistvuse ning kaasavuse reeglid praktikantide värbamisel (nt värbamiskuulutused ei tohi olla diskrimineerivad ja peavad püüdma kaasata praktikante ka haavatavatest rühmadest). Samuti soovitatakse edendada piiriüleste praktikate korraldamist, sh EURESe toel. Liikmesriigid peaks esitama soovituse rakendusplaani hiljemalt 18 kuud peale soovituse vastuvõtmist, samuti tuleks riikidel ette näha fnantstugi ning inimressurss soovituse rakendamiseks (eelkõige selleks, et jõuda haavatavate rühmade ja VKEdeni) ning stiimulid praktikantide eduka praktika järel töölevõtmiseks. Koos komisjoniga peaks riigid praktikate (eriti nende kvaliteedi) kohta andmete kogumise kallal töötama.

Direktiivi eelnõu (COM (2024) 132) eesmärk on luua ühtne põhimõtete ja meetmete raamistik praktikantide töötingimuste parandamiseks ja jõustamiseks ning praktikana maskeeritud regulaarsete töösuhete vastu võitlemiseks. Sätestatakse praktikantide mittediskrimineerimise põhimõte, mille kohaselt ei tohi praktikante kohelda töötingimuste, sh tasu osas halvemini kui sama tööd tegevaid tavalepingu alusel töötajaid (va objektiivsetel põhjustel). Liikmesriikidel on kohustus võtta meetmeid praktikalepingutena maskeeritud tavaliste töösuhete vastu võitlemiseks ja nende avastamiseks. Selleks peavad pädevad asutused läbi viima hindamisi, kontrollides asjaolusid nagu praktika kestust, koolituskomponendi olemasolu, varasema töökogemuse nõudmist tööandja poolt. Tööandjatel on andmete esitamise kohustus pädeva asutuse nõudmisel. Lisaks peavad liikmesriigid kehtestama praktika ülemäärasele kestusele ajalise piirangu ja eeskirjad vabade praktikakohtade kuulutuste sisu kohta. Praktikantidele tuleb rakendada kõiki töötajate suhtes kohaldatavaid ELi õigusakte (olulisemad on välja toodud, nt praktikantide õiguste info on avalikult kättesaadav, välja tuleb töötada juhised tööandjatele praktikalepingute kohta jmt, pädevatel asutustel peavad olema piisavad inim-, fnants- ja tehnilised ressursid reeglite jõustamiseks, kontrollide ja inspektsioonide tegemiseks, trahvide määramiseks). Töötajate esindusorganisatsioonidele tuleb anda õigus esindada ka praktikante nende õiguste kaitsel. Liikmesriigid peavad direktiivi üle võtma 2 aasta jooksul selle jõustumisest.

Mõju ja sihtrühm

EL algatus reguleerib karistusi: direktiivi eelnõu artikkel 10 näeb ette kohustuse liikmesriikidele kehtestada reeglid karistuste kohta direktiivi ülevõtmiseks kehtestatud siseriiklike nõuete rikkumise korral. Uute asutuste loomist algatusega ette ei nähta. Lahenduse rakendamiseks vajalike IT- arenduste vajadus vajab täiendavat analüüsi. Algatus toob kaasa arvestatava mõju liikmesriikide tööturuasutustele, kes saavad juurde ülesandeid praktikalepingutega seotud eeskirjade ja järelevalvega seoses. Samuti on mõjutatud tööandjad, kes praktikante oma töösse kaasavad, ning praktikat

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teha soovivad noored, töötud või mittehõivatud isikud, kelle üleminekut haridusest, töötusest või mitteaktiivsusest tööle algatusega hõlbustatakse. Samuti on mõju haridusasutustele, kes suunavad õppijaid praktikale ja teevad tööandjatega koostööd.

Kaasamine

Kaasata kõik asjassepuutuvad partnerid ja huvirühmad, sh tööturu osapooled (Eesti Tööandjate Keskliit, Eesti Ametiühingute Keskliit) ja ettevõtete liidud.

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