Another step back for interns

While the Council maintains that the Directive should apply to interns who are considered to be workers, it then limits the scope by explicitly excluding internships that are part of education or those promoted by public employment services. This means that with just a single sentence in the article, the vast majority of interns in the EU are now excluded from protections in the labour market. This exclusion not only establishes unfair and discriminatory treatment within the internship system itself, but also fuels confusion and uncertainty, while regulation should rather promote clarity and simplicity.

Article 5 lists clear criteria to identify “bogus internships”, when abusive practices are in place. It originally included: a high intern-to-staff ratio, the consecutive extension of internship contracts, the learning component, or the level of tasks and responsibilities interns hold. It also set crucial reporting obligations for employers, requiring them to share data with the competent labour authorities so they can examine whether abusive practices are taking place, or jobs are being replaced by internships. These include: number of interns hired, their working conditions, pay, and learning component. But the Council has significantly watered down this Article. They deleted part of the elements used to spot a bogus internship and all the elements of the employer reporting obligations.

So, what’s left to protect interns from exploitation?

Alas! Not all is lost! While the Council’s position is a setback, it is only one part of the equation. The European Parliament has yet to define its own position, and negotiations across political groups are still ongoing.

In light of the Council’s big blow for young peoples’ protection, we truly rely on the European Parliament to be the adult in the room and protect young people against exploitation in the labour market. It is absolutely clear that:

• all types of internships must be covered, at the risk of creating discriminatory and exclusionary practices between interns themselves and adding further confusion to the regulatory systems rather than clarification;

• fair pay must be guaranteed - research by the International Labour Organisation identified pay as the key criteria for a quality internship, suggesting that other quality criteria are in place, and with better post-placement outcomes;

• Article 5 should be strengthened, by expanding on the indicative elements put forward by the Commission such as having a mentor in place with, or even establishing a maximum duration.

Young people have waited long enough. Now is the time for the European Parliament to rise to the occasion and show that the EU stands for fairness, dignity and opportunity for all.