{"id":18854,"date":"2020-06-16T14:16:11","date_gmt":"2020-06-16T12:16:11","guid":{"rendered":"https:\/\/fedil.lu\/?post_type=publication&p=18854"},"modified":"2025-08-05T17:04:25","modified_gmt":"2025-08-05T15:04:25","slug":"internship-scheme-for-pupils-and-student","status":"publish","type":"publication","link":"https:\/\/fedil.lu\/en\/publications\/internship-scheme-for-pupils-and-student\/","title":{"rendered":"Legal internship framework for students"},"content":{"rendered":"
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The<\/span>\u00a0<\/span>law<\/span>\u00a0of 4 June 2020 amending the\u00a0<\/span>Labour<\/span>\u00a0Code<\/span>\u00a0in order to introduce\u00a0<\/span>a<\/span>\u00a0legal frame\u00a0<\/span>for<\/span>\u00a0internships for\u00a0<\/span>students<\/span><\/a>\u00a0was published in the Memorial on 5 June 2020. It distinguishes between<\/span>\u00a0mandatory<\/span>\u00a0internships provided by a Luxembourg or foreign educational establishment and practical internships with a view to acquiring professional experience.<\/span>\u00a0<\/span><\/p>\n

According to<\/span>\u00a0a<\/span>rticle L. 152-2. of the\u00a0<\/span>Labour<\/span>\u00a0Code, the<\/span>\u00a0<\/span>internships\u00a0<\/span><\/b>provided for by a Luxembourg or foreign educational establishment<\/span><\/b>\u00a0are those which are an integral part of the training in accordance with the\u00a0<\/span>programme<\/span>\u00a0of the Luxembourg or foreign educational establishment, excluding<\/span>\u00a0mandatory<\/span>\u00a0internships\u00a0<\/span>carried out as part of vocational training, educational or professional guidance or specific training with a view to access to a profession governed by legal or regulatory provisions (doctor, lawyer, etc.).<\/span>\u00a0<\/span><\/p>\n

Compensation for these internships is optional when their duration is less than 4 weeks and corresponds to at least 30 per cent of the minimum social minimum wage for unskilled workers for internships lasting 4 weeks or more. Thus, the compensation of a<\/span>\u00a0student\u00a0<\/span>employed for a period\u00a0<\/span>less than<\/span>\u00a04 weeks<\/span>\u00a0<\/span>is not<\/span>\u00a0mandatory<\/span>\u00a0and is therefore granted at the sole discretion of the company and in accordance with internal criteria established for this purpose.<\/span><\/p>\n

The current amounts applicable in this matter can be consulted under this link<\/a>.<\/p>\n

However, the obligation to compensate may be waived if the educational establishment expressly provides for a prohibition of compensation in the<\/span>\u00a0internship\u00a0<\/span>agreement<\/span>\u00a0and\u00a0<\/span>it draws up and makes compliance with that prohibition a condition for recognition of the<\/span>\u00a0internship<\/span>.<\/span>\u00a0<\/span><\/p>\n

Article L. 152-4. of the\u00a0<\/span>Labour<\/span>\u00a0Code<\/span>\u00a0<\/span>stipulates that the<\/span>\u00a0<\/span>student concerned is obliged to submit the agreement to the Minister of\u00a0<\/span>Labour<\/span>, Employment and Social and Solidarity Economy before the start of the<\/span>\u00a0internship\u00a0<\/span>for certification of compliance with these conditions.<\/span>\u00a0<\/span><\/p>\n

This certificate is equivalent to an exemption from the obligation to pay compensation for the<\/span>\u00a0student\u2019s supervisor.<\/span>\u00a0<\/span><\/p>\n

According to\u00a0<\/span>a<\/span>rticle L. 152-5. (1) of the\u00a0<\/span>Labour<\/span>\u00a0Code,\u00a0<\/span>practical<\/span><\/b>\u00a0internships<\/span><\/b>\u00a0with a view to acquiring professional experience<\/span><\/b>\u00a0are those which may be concluded between\u00a0<\/span>a\u00a0<\/span>student and a training supervisor.<\/span>\u00a0<\/span><\/p>\n

This type of<\/span>\u00a0internship\u00a0<\/span>is therefore not approved by a Luxembourg or foreign educational establishment. It is nevertheless essential to specify that the<\/span>\u00a0<\/span>student must be enrolled in a Luxembourg or foreign educational establishment and follow a course of study on a regular basis.<\/span>\u00a0<\/span><\/p>\n

If the person is no longer enrolled in a Luxembourg or foreign educational establishment, he or she must hold a Luxembourg secondary school leaving certificate or equivalent or have successfully completed a first cycle of higher education (i.e. hold a Bachelor’s degree) in order to carry out a practical<\/span>\u00a0internship.<\/span>\u00a0<\/span><\/p>\n

In this case,<\/span>\u00a0<\/span>the full duration of the<\/span>\u00a0internship<\/span>\u00a0must be within 12 months of the end of the last school year for which<\/span>\u00a0the student\u00a0<\/span>obtained one of the abovementioned diplomas.<\/span>\u00a0<\/span><\/p>\n

The duration of practical<\/span>\u00a0internships\u00a0<\/span>may not exceed six months over a period of 24 months with the same trainee supervisor.<\/span>\u00a0<\/span><\/p>\n

I<\/span>nternships<\/span>\u00a0concluded pursuant to article L. 152-5. of the\u00a0<\/span>Labour<\/span>\u00a0Code and lasting no more than four weeks do not give rise to<\/span>\u00a0mandatory<\/span>\u00a0compensation,<\/span>\u00a0<\/span>but<\/span>\u00a0internships<\/span>\u00a0lasting between 4 and 12 weeks inclusive are compensated at the rate of 40 per cent of the minimum social wage for unskilled workers, and<\/span>\u00a0internships<\/span>\u00a0concluded for a duration of more than 12 weeks up to and including 26 weeks are compensated at the rate of 75 per cent of the minimum social wage for unskilled workers.<\/span>\u00a0<\/span><\/p>\n

For trainees who have successfully completed a first cycle of higher or university education, the reference wage is the social minimum wage for skilled employees.<\/span>\u00a0<\/span><\/p>\n

Another novelty of the law of 4 June 2020 is the fact that the number of practical<\/span>\u00a0internships\u00a0<\/span>in progress in the same company may not exceed 10 per cent of the workforce. In companies with fewer than ten employees, the maximum is set at one internship. It should be noted, however, that these limitations do not apply during the period from 1 July to 30 September inclusive and that they only concern<\/span>\u00a0interns<\/span>hips with a view to acquiring professional experience so as not to reduce the chances of students who are obliged to do a<\/span>n internship<\/span>\u00a0as part of their studies<\/span>.<\/span>\u00a0<\/span><\/p>\n

It should be mentioned that any practical<\/span>\u00a0internship<\/span>\u00a0with a view to acquiring professional experience must be the subject of a<\/span>n internship\u00a0<\/span>agreement signed by the trainee and, if he is a minor, by his legal representative, and by the trainee’s supervisor.<\/span>\u00a0This internship agreement must contain certain mandatory information provided for in article L. 152-7. of the\u00a0<\/span>Labour<\/span>\u00a0Code.<\/span>\u00a0<\/span><\/p>\n

Article L. 152-10. (1) of the\u00a0<\/span>Labour<\/span>\u00a0Code expressly provides that both types of<\/span>\u00a0internships\u00a0<\/span>must be of an informational, guidance and vocational training nature and must not assign the<\/span>\u00a0<\/span>student to tasks requiring performance comparable to that of an employee and must neither replace permanent jobs, nor replace an employee who is temporarily absent, nor be used to deal with temporary work overloads.<\/span>\u00a0<\/span><\/p>\n

Another novelty introduced by the law in question is the fact that the trainee<\/span>\u2019s\u00a0<\/span>supervisor<\/span>\u00a0must keep a register of<\/span>\u00a0internships\u00a0<\/span>which may be consulted at any time by the staff delegation and which must be made available to the<\/span>\u00a0Inspectorate for\u00a0<\/span>Labour<\/span>\u00a0and Mines<\/span>\u00a0<\/span>(ITM) on request.<\/span>\u00a0<\/span><\/p>\n

Even if th<\/span>e student<\/span>\u00a0is not hired as an employee, a certain level of<\/span>\u00a0protection\u00a0<\/span>is required. Article L. 152-1<\/span>3<\/span>. of the\u00a0<\/span>Labour<\/span>\u00a0Code\u00a0<\/span>now\u00a0<\/span>provides that the provisions of the\u00a0<\/span>Labour<\/span>\u00a0Code governing working hours, weekly rest, public holidays, paid annual leave and safety at work will apply to them, regardless of the type of<\/span>\u00a0internship<\/span>\u00a0<\/span><\/p>\n

In the case of a part-time<\/span>\u00a0internship\u00a0<\/span>agreement, the maximum duration of the<\/span>\u00a0internship\u00a0<\/span>is calculated in hours and the compensation provided for therein is pro rata.<\/span>\u00a0<\/span><\/p>\n

It is also important to note that the provisions relating to<\/span>\u00a0internships for\u00a0<\/span>students do not affect the application of special legal or regulatory provisions existing in the field of apprenticeship. An apprentice thus continues to be subject to the rules governing the apprenticeship contract.<\/span>\u00a0<\/span><\/p>\n

The law is applicable from 9 June 2020.<\/span>\u00a0<\/span><\/p>\n

You will find\u00a0<\/span>here<\/span><\/a>\u00a0the report\u00a0<\/span>of the Commission on Labor, Employment and Social security\u00a0<\/span>as well as the text published in the memorial.<\/span>\u00a0<\/span><\/p>\n

For further information, please do not hesitate to contact <\/span>ella.g<\/span>redie<\/span>@fedil.lu<\/span><\/a>,\u00a0<\/span>philippe.h<\/span>eck<\/span>@fedil.lu<\/span><\/a>\u00a0or\u00a0<\/span>marc.k<\/span>ieffer<\/span><\/a>@fedil.lu.<\/span>\u00a0<\/span><\/p>\n\n <\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"","protected":false},"author":16,"featured_media":0,"template":"","class_list":["post-18854","publication","type-publication","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/publication\/18854","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/publication"}],"about":[{"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/types\/publication"}],"author":[{"embeddable":true,"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/users\/16"}],"version-history":[{"count":11,"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/publication\/18854\/revisions"}],"predecessor-version":[{"id":71378,"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/publication\/18854\/revisions\/71378"}],"wp:attachment":[{"href":"https:\/\/fedil.lu\/en\/wp-json\/wp\/v2\/media?parent=18854"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}