Considerations on COM(2024)133 - - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2024)133 - . |
|---|---|
| document | COM(2024)133 |
| date | March 20, 2024 |
(2) The Council Recommendation on a European Framework for Quality and Effective Apprenticeships (44) 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 Guarantee (45) aims at ensuring that young people under the age of 30 receive a good quality offer of employment, continued education, apprenticeship or traineeship within a period of four months of becoming unemployed or leaving education. The 2014 Recommendation has served as an important reference point to measure the quality of traineeships offers under the reinforced Youth Guarantee.
(4) Facilitating the transition to quality employment is necessary for achieving the Union headline target of a 78% employment rate of the population aged 20-64 by 2030 (46).
(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.
(6) 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. Increasing the labour market participation and up-and/or reskilling of young people could contribute to alleviating 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 to take their career in a new direction.
(7) The Conference on the Future of Europe 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 (47).
(8) The European Parliament adopted a resolution pursuant to Article 225 TFEU with recommendations to the Commission on quality traineeships in June 2023 (48). In its resolution, it called on the Commission “to update and strengthen the 2014 Recommendation 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”.
(9) 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 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.
(10) The Commission has extensively consulted with stakeholders, including trainees and youth organisations, traineeship providers, national public authorities, educational institutions, and experts from academia.
(11) Furthermore, in 2023, the Commission evaluated the 2014 Recommendation (49) and found that quality traineeships, which reflect the principles of that Recommendation, contribute to increasing young people’s employability. While the quality principles of the 2014 Recommendation were considered still relevant and of added value, the evaluation also concluded that the application of those principles and their monitoring and enforcement needed to be improved. It also found room for strengthening the framework, including on aspects related to pay and access to social protection. Furthermore, to ease the transition to a regular employment relationship, more emphasis on post-placement support could be provided by traineeship providers. It also found that employers could be better assisted through practical guidance and financial support as well as by linking such support to the application of the quality principles.
(12) The evaluation also identified the need to ensure inclusiveness and improve access to traineeships for people in vulnerable situations. In particular, minorities, persons with disabilities, those residing in rural, remote and outermost regions, those with a disadvantaged socio-economic and/or migrant background, the Roma community, and those with lower educational attainment, face obstacles in accessing traineeship opportunities. Among other obstacles, a barrier for persons with disabilities to access traineeships is the lack of traineeship programmes adapted to their needs, for example catering for specific accessibility requirements.
(13) The 2023 Eurobarometer survey (FL523) (50) found that 55% of respondents having done a traineeship were paid or financially compensated, which is an increase from 40% in the 2013 Eurobarometer survey (FL378) (51). Furthermore, in 2023 33% of respondents answered that they had full (and 28% of respondents partial) access to social protection (52).
(14) This Recommendation addresses the need to reinforce the quality framework for traineeships as identified by the evaluation and by various stakeholders mentioned above. It aims to improve the quality of traineeships, in particular as regards learning and training content and working conditions, with the aim of easing the transition from education, unemployment or inactivity to work.
(15) For the purposes of this Recommendation, traineeships should be understood as a limited period of work practice, which includes a significant learning and training component, undertaken in order to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession. Without prejudice to other types of traineeships that may exist, the following four types of traineeships have been identified: open market traineeships, traineeships that are part of active labour market policies, traineeships that are part of curricula of formal education and training, and traineeships that are a mandatory requirement to access a certain profession.
(16) Open market traineeships are based on non-mandatory, bilateral agreements between a trainee and a traineeship provider (public/private/non-profit) without the involvement of a third party and without a formal connection to education or training.
(17) Traineeships as part of active labour market policies (ALMP) are offered to the inactive or unemployed or those at risk of becoming unemployed, with usually a public institution (often an employment service) acting as an intermediary between the traineeship provider and the trainee.
(18) Traineeships can also be work-based learning placements that are part of curricula of formal education and training (school, vocational or higher education and training).
(19) National law can also regulate certain traineeships and make their completion mandatory to access a specific profession (e.g., medicine, architecture, etc.).
(20) This Recommendation applies to all traineeships referred to in recitals (16) to (19).
(21) As traineeships and work-based learning programmes in vocational education and training as set out in Council Recommendation on a European Framework for Quality and Effective Apprenticeships (53) vary significantly across Member States, Member States are encouraged to assess which of the two quality frameworks applies to vocational education and training (VET) work-based learning experiences, depending on their national and regional specific features. When doing so, to ensure that all learners in work-based learning receive the highest level of protection, Member States are encouraged to apply the framework conditions which are more protective among the two frameworks, in line with national circumstances.
(22) The lack of fair pay and access to adequate social protection present barriers to equal access to traineeship opportunities. In the absence of an alternative source of income, groups in vulnerable situations tend to refrain from engaging in traineeships, in particular when pay is absent or low, or when additional costs are incurred, for example doing a traineeship in a different region or country.
(23) Gaps in access to social protection can put the welfare and (mental) health of trainees at risk, contribute to their economic uncertainty, precariousness and risk of poverty. This risk is especially high for trainees from socio-economically disadvantaged groups and/or in other vulnerable situations. Trainees may face barriers in accessing social rights and benefits notably due to their short contributory history. Furthermore, most social protection schemes (with the exception of healthcare benefits) require an employment status, which excludes trainees who are not considered workers.
(24) A prolonged duration or accumulation of multiple traineeships can delay the access to regular employment relationships for the individual trainees concerned. They can also be indicative of traineeships being used to replace regular employment relationships.
(25) A prolonged duration of a traineeship could be warranted if justified by the nature and purpose of the specific type of traineeship. Examples of exceptions could be traineeships whose completion is a mandatory requirement to access a specific profession, where the trajectory 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 and training may have a longer duration for reasons linked to the curricula.
(26) Repeated traineeships, and practices aimed at replacing jobs with employment relationships disguised as traineeships, could be induced by traineeship providers requesting previous experience in the same or similar field of activity in vacancy notices. The overall duration of traineeships is sometimes also prolonged through repeated, including consecutive, traineeships with the same employer. Such practices may be another indication of an employment relationship disguised as traineeship. However, there may be objective grounds based on which traineeship providers may require previous work experience from (candidate) trainees. Such instances could entail an equivalent period of previous work experiences being an alternative to having a degree in a certain field of activity or expertise. A trajectory to access a specific profession may also warrant having previous work experience before embarking in a more specialised traineeship.
(27) The evaluation highlighted the need to strengthen the support to trainees during the traineeship through appropriate mentorship. Therefore, the role of the supervisor should be complemented with a mentor, whose role would encompass advising, coaching and supporting the trainee with a view on personal development as well as integration into the work environment, wherever possible considering the organisational needs and size of the traineeship provider.
(28) Since the COVID-19 pandemic, the prevalence of remote and hybrid working arrangements has increased. To ensure the quality and accessibility of remote and hybrid traineeships, adaptations to the increased practice of telework are needed in terms of appropriate working environment (including equipment) and work organisation. The latter comprises guidance, mentorship, and tasks suited for a remote and hybrid way of working.
(29) To increase the transparency of information on a traineeship opportunity, traineeship providers should be encouraged to include information on the terms and conditions of the traineeship, in particular on the level of pay, working conditions, the coverage of social protection, including health and accident insurance, the expected tasks and learning and training component in the vacancy notices and advertisements for traineeships possibly by including a link to a website containing this information therein.
(30) Traineeship providers should be encouraged to provide information on recruitment policies, in particular on the share of trainees recruited. This is calculated by dividing the number of trainees that were hired (following the completion of the traineeship) to fill a regular employment position by the total number of trainees at the same establishment in the same year.
(31) Employment services and other providers of career guidance should be encouraged to apply the same transparency requirements as traineeship providers when providing information on traineeship opportunities. It is however acknowledged that employment services and other providers of career guidance may not be aware of all the information elements listed under the transparency requirements and may be dependent on the traineeship providers’ willingness to share such information.
(32) To ensure equal access for groups in vulnerable situations, strengthened outreach to such groups is needed, such as through targeted communication and awareness-raising strategies. To ensure the effectiveness of such outreach strategies, it is key to involve relevant stakeholders such as employment services and education and training institutions and to tailor the communication and information tools used to reach the widest range of people possible, including those with certain disabilities (e.g. adapted and easy to read websites).
(33) To ensure the application of the Recommendation, support to employers needs to be strengthened through practical guidance and financial support, the latter of which could depend on the condition that the traineeships offered adhere to the quality principles of this Recommendation.
(34) Cross-border traineeships can be particularly valuable as trainees may learn another language, are exposed to a new environment or culture and can thus acquire relevant transversal skills. There are indications that cross-border mobility of trainees has increased (54), yet young people still face difficulties in accessing cross-border traineeships due to a lack of financial means and the unavailability of relevant (and sufficient) information. More concrete and practical information on cross-border traineeships, such as on EURES, is needed to improve accessibility.
(35) Channels to report malpractice and poor working conditions can support trainees in enforcing their labour rights. In addition, allowing trainees to have their rights defended by workers’ representations would strengthen their position.
(36) Member States' programmes promoting and offering quality traineeships can be financially supported by the European Funds. The European Social Fund Plus (ESF+) established by Regulation (EU) 2021/1057 (55), the Recovery and Resilience Facility (RRF) established by Regulation (EU) 2021/241 (56) for eligible reforms and investments foreseen in Member States’ recovery and resilience plans for delivery during the Facility’s lifetime until the end of 2026, the Just Transition Fund established by Regulation (EU) 2021/1056 (57) and the Technical Support Instrument (TSI) established by Regulation (EU) 2021/240 (58), could support Member States’ implementation of the Recommendation.
(37) To ensure consistent approaches among Member States, the Commission has proposed a directive (COM(2024) 132) which 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.
(38) As far as information to be provided to trainees in the written traineeship agreement is concerned, trainees who are workers are entitled to the minimum requirements on information duties as set out in Directive (EU) 2019/1152 of the European Parliament and of the Council (59). Insofar not covered by this directive, the elements in this recommendation should be taken into account in addition to those minimum requirements for trainees who are workers.
(39) The implementation of this Recommendation should not constitute valid grounds for reducing the general level of protection afforded to trainees covered by this Recommendation.
(40) This Recommendation should avoid imposing administrative, financial or legal constraints in a way which would hold back the creation or development of small and medium-sized enterprises (SMEs). Member States are therefore invited to assess the impact of their policies or reforms on SMEs in order to make sure that SMEs are not disproportionately affected, with specific attention be paid to micro-enterprises and the administrative burden, and to publish the results of such assessments.
(41) This Recommendation supersedes Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships which therefore should no longer be applied anymore by Member States.
ACKNOWLEDGES THE COMMISSION’S INTENTION TO
(42) foster close cooperation with Member States, social partners and other stakeholders with a view to swiftly applying this Recommendation.
(43) work with Member States, social partners, employment services, youth and trainee organisations, education and training institutions and other stakeholders to promote this Recommendation, including through awareness-raising on the quality principles and benefits of traineeships for young people and traineeship providers.
(44) encourage and support the implementation of this Recommendation, including through facilitating the exchange of best practices among Member States and among stakeholders through existing networks, including skills partnerships under the Pact for Skills.
(45) support the implementation of this Recommendation through relevant Union funding, in accordance with the relevant legal frameworks, to increase the number of quality traineeships.
(46) work jointly with Member States on the collection of a limited set of data on traineeships, with a particular view to monitoring the progress in applying this Recommendation while being mindful of unnecessary reporting burden.
(47) continue monitoring in cooperation with the Member States and with the support of the Employment Committee, the progress in applying the reinforced Quality Framework for Traineeships, building on the existing monitoring instruments used in the framework of the European Semester.
(48) report to the Council on the progress in applying this Recommendation based on information provided by Member States within [three years] from the date of its adoption.