Extra-curricular internships: news with the Budget Law

Extra-curricular internships

The Budget Law 2022, starting from the definition of curricular internship, provides for a reorganization of the discipline on extra-curricular internships to contrast abuses.

Within 180 days from the date of entry into force of the Budget Law 01/01/2022, the Government and the regions must in fact conclude, at the Permanent Conference for relations between the State, regions and autonomous provinces of Trento and Bolzano, an agreement for the definition of guidelines.

 

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Starting from the assumption that the internship does not constitute an employment relationship and cannot be used as a substitute for employment, the legislator provides the principles on which the guidelines at the basis of the State-Regions agreement should be based:

  1. the internship shall be limited to subjects with difficulties of social inclusion;
  2. a maximum duration limit should be set, including any renewals and extensions;
  3. a numerical limit of internships that can be activated shall be established, in relation to the size of the host company;
  4. will be recognized an adequate participation allowance, that is a value paid against a minimum participation of the inter in the training provided in the individual training plan;
  5. the essential levels of training and certification of skills at its conclusion shall be defined;
  6. forms and modalities of quotas should be defined, in order to link the activation of new internships to the hiring of a minimum number of interns at the end of the internship period, as it happens for the apprenticeship contract;
  7. actions and interventions should be provided to prevent and counteract a distorted use of internship, also through the precise identification of the ways in which the intern performs his or her activity.

In terms of sanctions, if the internship is carried out fraudulently, circumventing the requirements of the law, the host company is punished with a fine of 50 euros for each intern involved and for each day of internship, without prejudice to the possibility, at the request of the intern, to recognize the existence of an employment relationship from the judicial decision.

Finally, towards the interns, the host will be required to fully comply with the provisions on health and safety.

 

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