Text · Amendment list
On the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
Full title
On the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)
Document EMPL-AM-771927 · COM(2024)0132 – C100004/2024 – 2024/0068(COD)
- Kind
- Amendment list EMPL-AM-771927
- Date
- 27 March 2025
- Committee
- Committee on Employment and Social Affairs
- Dossier
- 2024-0068
More facts (2)
- Formats
- Official page PDF Word
- Reference
- COM(2024)0132 – C100004/2024 – 2024/0068(COD)
Text
The text as parsed from the official Word file. Every paragraph has a link (¶) and can be saved to a project as a passage.
Jump to an amendment (320)
- Amendment 335
- Amendment 336
- Amendment 337
- Amendment 338
- Amendment 339
- Amendment 340
- Amendment 341
- Amendment 342
- Amendment 343
- Amendment 344
- Amendment 345
- Amendment 346
- Amendment 347
- Amendment 348
- Amendment 349
- Amendment 350
- Amendment 351
- Amendment 352
- Amendment 353
- Amendment 354
- Amendment 355
- Amendment 356
- Amendment 357
- Amendment 358
- Amendment 359
- Amendment 360
- Amendment 361
- Amendment 362
- Amendment 363
- Amendment 364
- Amendment 365
- Amendment 366
- Amendment 367
- Amendment 368
- Amendment 369
- Amendment 370
- Amendment 371
- Amendment 372
- Amendment 373
- Amendment 374
- Amendment 375
- Amendment 376
- Amendment 377
- Amendment 378
- Amendment 379
- Amendment 380
- Amendment 381
- Amendment 382
- Amendment 383
- Amendment 384
- Amendment 385
- Amendment 386
- Amendment 387
- Amendment 388
- Amendment 389
- Amendment 390
- Amendment 391
- Amendment 392
- Amendment 393
- Amendment 394
- Amendment 395
- Amendment 396
- Amendment 397
- Amendment 398
- Amendment 399
- Amendment 400
- Amendment 401
- Amendment 402
- Amendment 403
- Amendment 404
- Amendment 405
- Amendment 406
- Amendment 407
- Amendment 408
- Amendment 409
- Amendment 410
- Amendment 411
- Amendment 412
- Amendment 413
- Amendment 414
- Amendment 415
- Amendment 416
- Amendment 417
- Amendment 418
- Amendment 419
- Amendment 420
- Amendment 421
- Amendment 422
- Amendment 423
- Amendment 424
- Amendment 425
- Amendment 426
- Amendment 427
- Amendment 428
- Amendment 429
- Amendment 430
- Amendment 431
- Amendment 432
- Amendment 433
- Amendment 434
- Amendment 435
- Amendment 436
- Amendment 437
- Amendment 438
- Amendment 439
- Amendment 440
- Amendment 441
- Amendment 442
- Amendment 443
- Amendment 444
- Amendment 445
- Amendment 446
- Amendment 447
- Amendment 448
- Amendment 449
- Amendment 450
- Amendment 451
- Amendment 452
- Amendment 453
- Amendment 454
- Amendment 455
- Amendment 456
- Amendment 457
- Amendment 458
- Amendment 459
- Amendment 460
- Amendment 461
- Amendment 462
- Amendment 463
- Amendment 464
- Amendment 465
- Amendment 466
- Amendment 467
- Amendment 468
- Amendment 469
- Amendment 470
- Amendment 471
- Amendment 472
- Amendment 473
- Amendment 474
- Amendment 475
- Amendment 476
- Amendment 477
- Amendment 478
- Amendment 479
- Amendment 480
- Amendment 481
- Amendment 482
- Amendment 483
- Amendment 484
- Amendment 485
- Amendment 486
- Amendment 487
- Amendment 488
- Amendment 489
- Amendment 490
- Amendment 491
- Amendment 492
- Amendment 493
- Amendment 494
- Amendment 495
- Amendment 496
- Amendment 497
- Amendment 498
- Amendment 499
- Amendment 500
- Amendment 501
- Amendment 502
- Amendment 503
- Amendment 504
- Amendment 505
- Amendment 506
- Amendment 507
- Amendment 508
- Amendment 509
- Amendment 510
- Amendment 511
- Amendment 512
- Amendment 513
- Amendment 514
- Amendment 515
- Amendment 516
- Amendment 517
- Amendment 518
- Amendment 519
- Amendment 520
- Amendment 521
- Amendment 522
- Amendment 523
- Amendment 524
- Amendment 525
- Amendment 526
- Amendment 527
- Amendment 528
- Amendment 529
- Amendment 530
- Amendment 531
- Amendment 532
- Amendment 533
- Amendment 534
- Amendment 535
- Amendment 536
- Amendment 537
- Amendment 538
- Amendment 539
- Amendment 540
- Amendment 541
- Amendment 542
- Amendment 543
- Amendment 544
- Amendment 545
- Amendment 546
- Amendment 547
- Amendment 548
- Amendment 549
- Amendment 550
- Amendment 551
- Amendment 552
- Amendment 553
- Amendment 554
- Amendment 555
- Amendment 556
- Amendment 557
- Amendment 558
- Amendment 559
- Amendment 560
- Amendment 561
- Amendment 562
- Amendment 563
- Amendment 564
- Amendment 565
- Amendment 566
- Amendment 567
- Amendment 568
- Amendment 569
- Amendment 570
- Amendment 571
- Amendment 572
- Amendment 573
- Amendment 574
- Amendment 575
- Amendment 576
- Amendment 577
- Amendment 578
- Amendment 579
- Amendment 580
- Amendment 581
- Amendment 582
- Amendment 583
- Amendment 584
- Amendment 585
- Amendment 586
- Amendment 587
- Amendment 588
- Amendment 589
- Amendment 590
- Amendment 591
- Amendment 592
- Amendment 593
- Amendment 594
- Amendment 595
- Amendment 596
- Amendment 597
- Amendment 598
- Amendment 599
- Amendment 600
- Amendment 601
- Amendment 602
- Amendment 603
- Amendment 604
- Amendment 605
- Amendment 606
- Amendment 607
- Amendment 608
- Amendment 609
- Amendment 610
- Amendment 611
- Amendment 612
- Amendment 613
- Amendment 614
- Amendment 615
- Amendment 616
- Amendment 617
- Amendment 618
- Amendment 619
- Amendment 620
- Amendment 621
- Amendment 622
- Amendment 623
- Amendment 624
- Amendment 625
- Amendment 626
- Amendment 627
- Amendment 628
- Amendment 629
- Amendment 630
- Amendment 631
- Amendment 632
- Amendment 633
- Amendment 634
- Amendment 635
- Amendment 636
- Amendment 637
- Amendment 638
- Amendment 639
- Amendment 640
- Amendment 641
- Amendment 642
- Amendment 643
- Amendment 644
- Amendment 645
- Amendment 646
- Amendment 647
- Amendment 648
- Amendment 649
- Amendment 650
- Amendment 651
- Amendment 652
- Amendment 653
- Amendment 654
| Text proposed by the Commission | Amendment |
|---|---|
| Subject matter | Subject matter and scope |
| Text proposed by the Commission | Amendment |
|---|---|
| Subject matter | Purpose and subject matter |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of open labour market trainees. It excludes from its scope initial vocational training relationships and apprenticeship schemes, traineeships that are part of a formal education and training programme and those that are mandatory to access a specific profession, employment contracts and relationships that have been concluded under a specific public or publicly supported training, integration or vocational retraining programme, and traineeships carried out in the context of regulated professions. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive applies to trainees in open market traineeships, who have an employment contract or who are in an employment relationship as defined by the law, collective agreements or practice in force in the Member State, with consideration to the case law of Court of Justice. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of open market trainees in an employment relationship and to prevent abusive practices arising from the use of traineeships. |
The article should highlight that the scope of the directive is on open-market traineeships that are in an employment relationship. A common definition of traineeships and a wider definition of trainees outside employment relationships are outside the Unions competence as set out in TFEU articles 165 and 166.In order to be within the scope of the directive, the trainee need to be in an employment relationship as defined by the law, collective agreements or practice in force in the Member State, with consideration to the case law of Court of Justice, cf. recital 16. .
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive lays down a common framework of principles and measures to combat regular employment relationships disguised as open-market traineeships. |
Deletion of: “Improving and enforcing working conditions of trainees”: Existing Directives such as the Council Directive 2000/43/EC, Council Directive 2000/78/EC and Directive 2002/73/EC already cover, improve and allow for the enforcement of the working conditions of trainees and guarantee their equal treatment on accounts of racial or ethnic origin or establishing a general framework for equal treatment in employment and occupation. Focus on “open-market traineeships”: In comparison to Active Labour Market Policy (ALMP) traineeships, Education Curricula traineeships (ECT) and traineeships that are a mandatory requirement to access specific professions (MPT), open market traineeships are generally less regulated and only to varying extents across the EU.
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive lays down a common definition of traineeships and sets out a framework of principles and measures to improve and enforce the working conditions of trainees and to combat abusive practices arising from fraudulent traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | The purpose of this Directive is to improve the working conditions of trainees and the quality and accessibility of traineeships across the Union and to combat regular employment relationships disguised as traineeships |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive establishes a common framework of principles and measures to improve and enforce working conditions for trainees, ensuring that traineeships serve as an effective pathway to stable employment or access to a profession and to combat regular employment relationships disguised as traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 | This Directive lays down a common framework of principles and measures to improve and enforce the working conditions of trainees while ensuring alignment with their educational objectives, and to combat regular employment relationships disguised as traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common framework of minimum rights and standards which apply to all traineeships which are not part of curricula of formal education and training in order to improve their quality and accessibility and the working conditions of trainees and to combat regular employment relationships disguised as traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive applies to traineeships in the open market. | |
| This Directive shall not apply to: | |
| (a) traineeships which are carried out within the framework of formal education and vocational education and training, | |
| (b) apprenticeships, | |
| (c) traineeships in the framework of active labour market policies. |
It is essential to clearly define the scope of the Directive, distinguishing between traineeships to which it applies and those to which it does not. This clarification would allow for a smoother implementation, ensuring the alignment of the Directive with the EU competences defined by Community law. In that regard, the provisions laid down would apply only to traineeships on the open market with the exclusion of ‘curricular’ traineeships carried out in the framework of active labour market policies and apprenticeships.
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive lays down a common definition of traineeships and sets out a framework of principles and measures to improve and enforce the working conditions of trainees and to prevent abusive practices arising from the use of traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| This Directive shall not apply to traineeships which are carried out within the framework of formal education and vocational education and training. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article1a | |
| Scope | |
| 1. This Directive shall apply to traineeships offered on the open labour market. | |
| 2. It shall not apply to: | |
| (a) traineeships undertaken as part of formal education or vocational education and training programmes; | |
| (b) apprenticeships; | |
| (c) traineeships implemented within the framework of active labour market policies. |
A clear delimitation of the scope is essential to ensure legal certainty and facilitate the effective implementation of the Directive. By explicitly distinguishing between open-market traineeships and those linked to formal education, apprenticeships, or active labour market policies, the text respects the subsidiarity principle and remains fully aligned with the Union’s competences as defined in the Treaties.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1a | |
| Scope | |
| Without prejudice to measures applicable in national legislation, this directive shall not apply to traineeships taking place in small and medium-sized enterprises. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 1b | |
| Scope | |
| 1. This directive shall apply to open market traineeships. | |
| 2. This directive shall not apply to traineeships carried out as part of a school or university training process, or to mandatory traineeships as part of vocational training. |
Since the different categories mentioned in point 2 are already regulated by specific legal regimes, the directive would risk penalising such training by adding unjustified constraints. The problem of abuse exists mainly in the context of open market traineeships, which are much less controlled. Amendment drafted following an interview with the Confederation of SMEs.
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) 'traineeship’ means a limited period of work based learning - not integrated into a formal curricular training path - aiming to provide practical and professional skills through significant training, with a view to facilitating the transition from education to stable employment, or accessing a profession, on the basis of a written contract between the trainee and traineeship provider. |
A clear distinction should be made between extra-curricular and curricular traineeships. The latter must remain an integral part of an educational pathway and should not be subject to mandatory remuneration. Rather, it should ensure optimal conditions for the student (who is, indeed, a student—not a worker), such as reimbursement of expenses, additional training opportunities, and overall quality learning experiences.
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of entry-level work aiming to provide practical and professional skills through significant training component, undertaken to gain practical and professional experience with a view to facilitating the transition from education to stable employment, or accessing a profession, on the basis of a written contract between the trainee and the traineeship provider; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) 'Traineeship’ means an Open-market traineeship, which is defined as non-mandatory, bilateral, and private agreements between a trainee and a traineeship provider with a limited period of work practice without formal connection to education or training, without the involvement of a third party, aiming to provide practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship and on the basis of a written employment contract between the trainee and a traineeship provider; |
This directive applies only to Open Market Traineeships. Well-regulated schemes within education, apprenticeships or ALMPs are governed by national law, with strong involvement from social partners and institutions. These fall outside EU competence and should be addressed through national enforcement, not new regulation. The definition aligns with the 2014 Quality Framework for Traineeships and recitals 16a and 16b.
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) 'traineeship’ means an open-market traineeship, which is defined as non-mandatory, bilateral, and private agreement between a trainee and a traineeship provider with a limited period of work practice without formal connection to education or training, without the involvement of a third party, aiming to provide practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship and on the basis of a written employment contract between the trainee and a traineeship provider; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘Traineeship’ means a time-limited period of work-based learning which includes a significant training and learning component, undertaken in the open labour market to gain practical experience and develop professional skills, with the objective of improving employability and facilitating the transition to regular employment or access to a profession. It is distinct from apprenticeships, formal education and vocational training programmes, and public employment schemes. |
This definition clarifies that the Directive applies only to traineeships in the open labour market, excluding apprenticeships, formal education and public schemes. By focusing on time-limited, work-based learning with a significant training component, it reflects the core purpose of traineeships: to enhance employability and support the transition into regular employment. The wording also accommodates national differences by allowing for both contractual and non-contractual arrangements, in line with EU case law.
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) A "Traineeship" means a limited period of work-based practice that combines learning and training component, enabling young people to gain practical and professional experience. Its objective is to enhance employability, facilitate the transition to a regular employment relationship, and support access to a profession |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of entry-level work which includes a significant learning and training component, undertaken to gain practical and professional experience with a view to improving employability and facilitating transition from education to a regular employment relationship or accessing a profession; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of work-based learning and training, 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component to gain practical and professional experience with a view to improving employability and facilitating transition to a regular employment relationship or accessing a profession, and not undertaken further to the fulfilment of a formal education requirement; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of work practice which includes a significant learning and training component other than traineeships within formal education and training in accordance with national curricula, 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of work practice which, without being part of curricula or formal training, 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (a) ‘traineeship’ means a limited period of work practice on the open labour market 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; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (i) limited period of entry-level work aiming to provide practical and professional skills through significant training, with a view to facilitating the transition from education to stable employment, or accessing a profession, on the basis of a written contract between the trainee and traineeship provider, which is paid in accordance with the Directive (EU) 2022/2041; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking a traineeship; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking a traineeship; |
It is important to ensure a clear definition of trainee, especially in the distinction between trainees and regular employees. Internships are not forms of employment, as they focus on the opportunity to apply theoretical knowledge in a professional context and must be treated separately from employment contracts. Having regard also to the different regulations existing between EU countries, this avoids possible uncertainties and regulatory overlaps that tend to bring traineeship periods within the scope of employment relationships
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking a traineeship which is not part of curricula of formal education and training; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘Trainee’ means any person undertaking a traineeship in the open labour market, as referred to in Article 1a (1), and who may or may not have an employment contract or employment relationship, as defined by the national law, collective agreements or established practice of the respective Member State, taking into account the case law of the Court of Justice of the European Union. This definition excludes persons undertaking apprenticeships, traineeships within formal education and vocational training systems, or traineeships based on public employment schemes, as set out in Article 1a (2). |
The revised definition of ‘trainee’ ensures consistency with the scope of the Directive by limiting it to individuals undertaking a traineeship in the open labour market. It clarifies that a trainee may or may not have an employment relationship, thereby reflecting the diversity of national legal systems and ensuring alignment with the case law of the Court of Justice of the European Union. This approach promotes legal clarity and ensures that the Directive applies only to the intended target group.
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking an open labour market traineeship who has an employment contract or employment relationship as defined by the law, collective agreements or practice in force in every Member State; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking a traineeship who has a traineeship contract and whose situation differs from a traditional 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking a traineeship who has an 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (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, under a bilateral agreement with the employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (b) ‘trainee’ means any person undertaking an open-market 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) "open-market traineeship" means traineeship based on a non-mandatory, bilateral agreement between a trainee and a traineeship provider without the involvement of a third party. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) ‘traineeship provider’ means an undertaking, public employment service or other public, private or not-for-profit entity that provides traineeships; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) 'traineeship provider' means an undertaking which is private, public or both and which provides traineeships; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘regular employment relationship’ means any employment relationship that is not a traineeship; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘regular employment relationship’ means any employment relationship that is not a traineeship; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) ‘regular employment relationship’ means any employment relationship that is not a traineeship; | (c) ‘regular employment relationship’ means any other employment relationship that is not a traineeship; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ‘regular employee’ means any person in a regular employment relationship. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) ‘regular employee’ means any person in a regular employment relationship. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| II Equal treatment | deleted |
| 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3 | deleted |
| 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. |
As trainees are in a different situation from a traditional worker, establishing a principle of non-discrimination between the two is inconsistent. This also amounts to establishing legislation on the status of trainees, which is contrary to Article 165(4) TFEU and Article 4(1) TEU.
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3 | deleted |
| 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. |
The principle of non-discrimination need not be introduced as new legal concept as trainees enjoy the full rights of employees as soon as they fall under the definition of regular employment relationships. It is therefore redundant.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than other employees in the same establishment; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, with regard to traineeship conditions, including compensation, trainees are not treated less favourably than comparable regular employees in the same establishment, unless such difference is objectively justified, for example by different tasks, lower responsibilities, level of experience, work intensity, or the training component. |
The revised wording better reflects the specific nature of traineeships by referring to "traineeship conditions" and "compensation" rather than standard employment terms. Adding "level of experience" as a justification acknowledges the transitional character of traineeships and ensures proportionality.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of working conditions including pay as laid down in law, collective agreements or practice in each Member State, trainees are not treated in a less favourable manner than comparable employees, unless different treatment is justified on objective grounds such as different tasks, lower responsibilities, work intensity or the higher weight of the learning and training component. |
A key issue with the Directive is that it equates trainees with regular workers, despite fundamental differences. Traineeships involve significant learning, with a steep initial curve. Yet, working conditions are set for the whole period. Article 3 should reflect that differential treatment is justifiable on objective grounds. Given the nature of traineeships, broad discretion must be allowed when defining such conditions to ensure their specific character is considered.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 solely because they are undertaking a traineeship, unless different treatment is justified on objective grounds, such as different tasks, lower responsibilities, work intensity. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of traineeship conditions including compensation, as laid down in law, collective agreements or practice in each Member State, 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 educational purposes. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of working conditions including pay or compensation, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of traineeship conditions including compensation, 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 higher weight of the learning, level of experience and training component. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of traineeship conditions including remuneration, 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 , level of experience and training component. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 just different treatment occurs, it shall not prevent trainees from low-income backgrounds to undertake a traineeship. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, and which are laid down both in the traineeship advertisement and the traineeship working contract. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, in particular as regards working hours, reception premises, materials made available and pay, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that, in respect of working conditions including the allowance, open labour market 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| Persons with disabilities should be afforded the same traineeship opportunities as anyone else. Member States should strive to remove the obstacle to participation in traineeships. Under a traineeship contract, persons with disabilities must not be penalised by loss of disability allowance or entitlement to other services. Member States should also provide financial subsidies, using state aid, to employers who take on trainees with disabilities to cover any costs linked to reasonable accommodations. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall take measures to encourage remuneration for trainees, taking into account the economic viability of employers and differences in the cost of living between Member States, with fiscal and tax incentives for companies, especially SMEs and Start-ups offering quality traineeships and stable employment opportunities. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member states shall establish concrete measures to promote increased access to traineeships, particularly to people in vulnerable situations, including persons with disabilities, people living in rural, remote or outermost regions, people from disadvantaged socio-economic backgrounds, and people with lower educational attainment. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of access to traineeships and the working conditions including pay, traineeships comply with the principle of non-discrimination, as laid down in Directives 2000/43/EC, 2000/78/EC and 2006/54/EC. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall promote increased access to traineeships for trainees from vulnerable backgrounds, including trainees with disabilities. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member states shall ensure that workplaces are adapted and accessible to trainees with disabilities. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Trainees with disabilities shall receive tailored support, including adaptations to physical and digital work environments to accommodate specific needs, flexible training schedules to account for healthrelated requirements, and support from trained mentors or designated disability liaison officers to ensure a successful and inclusive experience. Traineeships shall also include provisions to prevent discrimination and promote equal opportunities for advancement, focusing on career development and long-term employment opportunities. Furthermore, the programme's effectiveness in promoting inclusivity and achieving positive outcomes for trainees with disabilities shall be regularly evaluated and where needed adjusted, ensuring that all trainees are treated with dignity and respect. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall ensure that, in respect of access to traineeships and the working conditions including pay, traineeships comply with the principle of non-discrimination, as laid down in Directives 2000/43/EC, 2000/78/EC and 2006/54/EC. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Members States should ensure equal access and opportunities for people in vulnerable situations, including persons living in rural regions, people from disadvantaged educational, socio-economic, released and migrant backgrounds; all traineeship programmes shall include reasonable accommodations to ensure accessibility, inclusivity, and fairness. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
This clause may lead to excessive burdens for employers, which in turn may discourage them from hiring interns.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Where no comparable regular employee exists in the same establishment, the comparison shall be made by reference to the relevant collective agreement. In the absence of an applicable collective agreement, the assessment shall be carried out in accordance with national law or established national practice. |
This formulation recognises the key role of collective agreements in determining employment conditions, while safeguarding Member States’ autonomy in line with national labour market traditions. It ensures legal clarity and respects subsidiarity.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. Member States may, upon joint agreement of the social partners, give to the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements establishing the objective grounds that are considered to justify a different treatment, in accordance with paragraph 1. |
We want to avoid possible uncertainties and regulatory overlaps that tend to bring traineeship periods back into the labour market. It is therefore considered appropriate to avoid terminological misunderstandings, such as the reference to ‘remuneration’ typical of contractual labour relations. The social partners may also be allowed – in accordance with the procedures and practices of each Member State – to determine possible derogations from the principle of equal treatment linked to the distinct nature of traineeships from employment relationships.
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may, if the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements which adapt, complement and/or differ from the rules included in this Directive provided that the general level of protection of workers is ensured and that the principle of non-discrimination in accordance with paragraph 1 is respected. |
| Text proposed by the Commission | Amendment |
|---|---|
| Provided that an adequate level of protection is provided for trainees Member States may, on the condition that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements which adapt, complement and/or differ from the rules included in Article 3. |
The Directive should allow derogation from equal treatment through collective agreements. Many traineeships are based on such agreements, already ensuring quality and fair conditions. These schemes must continue, reflecting social and local contexts. Collective agreements are key to tailoring rules to specific sectors. Other directives allow social partners to define terms, including equal treatment, if protection is ensured (e.g. Directives 2008/104/EC, 2019/1152, 2003/88/EC).
| Text proposed by the Commission | Amendment |
|---|---|
| Traineeship providers shall inform trainees about vacancies which become available in their undertaking or establishment to ensure that they have the same opportunity to secure permanent positions as other workers. Such information may be provided by way of a general announcement at a suitable place in the undertaking or establishment. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Article3a | |
| Health and Safety | |
| With regard to health and safety, Member States shall ensure that trainees enjoy guarantees and protections equal to those enjoyed by all employees and officials in the establishment. Additional safeguards, such as enhanced security training, shall also be provided owing to trainees’ lack of professional knowledge and experience. |
| Text proposed by the Commission | Amendment |
|---|---|
| Chapter III | |
| Quality and accessibility |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3a | |
| Quality criteria | |
| 1. In order to ensure the presence of a significant learning and training component and quality working conditions for trainees, Member States shall ensure that traineeships falling within the scope of this Directive include: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) a written traineeship agreement concluded at the beginning of the traineeship setting out at least: | |
| (i) the duration of the traineeship; | |
| (ii) the remuneration to be provided to the trainee in accordance with the law, collective agreements or practice in force in every Member State and Directive (EU) 2022/2041 of the European Parliament and of the Council; | |
| (iii) the learning and training objectives set, following joint discussion, by the trainee and traineeship provider to help the trainee gain practical and professional experience and relevant skills with a view to improving employability and facilitating transition from education to a regular employment relationship or accessing a profession; | |
| (iv) the rights and obligations of the trainee and the traineeship provider and in particular the tasks to be carried out by the trainee. Such tasks shall be established with reference to the learning and training objectives referred to in point (iii) and shall facilitate the achievement of those objectives; | |
| (v) the traineeship provider's policies on confidentiality and the ownership of intellectual property rights; | |
| (vi) the supervisor to be assigned to the trainee for the duration of the traineeship and the arrangements for regular and consistent mentorship and evaluation to be carried out by the supervisor while guiding the trainee through the assigned tasks; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the rights set out in Directives 2003/88/EC and (EU) 2019/1152 of the European Parliament and of the Council, as implemented by national law and practices or collective agreements; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) access to social protection by trainees in accordance with national schemes, including health insurance, unemployment benefits and pension contributions. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 3b | |
| Accessibility and inclusion |
| Text proposed by the Commission | Amendment |
|---|---|
| 1. Member States shall take effective measures to improve the accessibility and inclusivity of traineeships, in particular for persons who are further removed from the labour market 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 levels of educational attainment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. To that end, Member States shall ensure sufficient supports and incentives, including financial incentives, for traineeship providers particularly SMEs providing traineeships to such persons including through the use of relevant Union funds. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. Member States shall ensure that trainees with disabilities are provided with a reasonable accommodation for the duration of a traineeship. |
| Text proposed by the Commission | Amendment |
|---|---|
| III Regular employment relationships disguised as traineeships | Measures to combat abusive practices arising from fraudulent traineeships in the labour markets |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 4 | deleted |
| 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| Measures to combat regular employment relationships disguised as traineeships | Measures to detect the use of traineeships to replace stable employment |
| Text proposed by the Commission | Amendment |
|---|---|
| Measures to combat regular employment relationships disguised as traineeships | Legal framework to combat regular employment relationships disguised as traineeships |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
Given the current legislation at both European and national level, this article is superfluous. Labour inspectorates at national level already carry out such inspections. The national level is best placed to address this problem, if supported by evidence and in cooperation with national social partners and stakeholders.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for an effective legal framework to address the disguise of open-market traineeships as regular employment relationship. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall take appropriate measures, in accordance with their national systems, to ensure effective monitoring and enforcement by competent authorities with a view to identifying and addressing situations where a traineeship is used to circumvent the rights and protections associated with a regular employment relationship under Union or national law, collective agreements, or established practice. |
This wording respects Member States’ autonomy in organising their labour inspection systems, while ensuring that misuse of traineeships is effectively addressed. It balances the need for enforcement with the principle of subsidiarity.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for effective measures in accordance with national law or practice, including, where appropriate, controls and inspections conducted by the competents authorities to combat e,plyment relationships that is disguised as traineeship with the effect of gratning 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. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | All traineeships shall be governed by written employment contracts with a clearly defined duration, which must be registered with the relevant national authorities in accordance with national practices and relevant European legislation. This should ensure transparency, adequate control, and protection of the trainees' rights and data. 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against abusive practices arising from the use of traineeships with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreemens or practice; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against abusive practices with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreements or practice. |
Contrary to the Draft Report, these amendments takes in to account, that traineeships can be used for purposes other than facilitating transition between education and stable employment and that are not abusive. Many traineeships within the active labour market policies are used for upskilling and training of (vulnerable) unemployed persons, with the aim of securing stable employment. Many traineeships are also part of an education.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall promote effective controls and inspections conducted by competent authorities to detect 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. They shall also encourage the adoption of measures to improve transparency and compliance with current regulations. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for effective controls and inspections conducted by competent authorities and inspectors who are well versed in the diverse nature of traineeships to adequately assess their quality, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement and corrective measures against practices where a regular employment relationship is disguised as traineeship with the effect of replacing regular employee positions and 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against exploitative practices, including 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 or compensation, than the worker concerned would be entitled to under Union or national law, collective agreements or practice. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall implement targeted actions and structural reforms aimed at supporting traineeships. To this end, Member States shall develop and enforce measures to prevent exploitative practices, protect labour rights, and foster the creation of quality employment opportunities, while investing in education and training programmes that address labour market needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States shall encourage workers’ representatives and other relevant legal entities to allocate a designated contact person for trainees to serve as a first point of contact to seek advice on available remedies and supports in cases of suspected malpractice, poor working conditions, breaches of their rights or abusive practices. |
| Text proposed by the Commission | Amendment |
|---|---|
| For traineeships offered by small- and medium-sized enterprises (SMEs), Member States shall provide simplified compliance procedures for effective control and inspections, and only upon receipt of a complaint to competent authorities from trainees. |
| Text proposed by the Commission | Amendment |
|---|---|
| Assessment of regular employment relationships disguised as traineeships | Assessment of fraudulent traineeships |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | deleted |
| (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. |
The 2014 Quality Framework for Traineeships already provides criteria for national authorities to identify and address fraudulent traineeships, ensuring quality control.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. Member States shall take appropriate measures, in accordance with their national systems and procedures, to prevent and address the disguise of regular employment relationships as open-market traineeships that aim to circumvent the rights and protections associated with regular employment relationships under Union or national law, collective agreements, or established practice. In this context, Member States need to ensure that an overall assessment is carried out based on the factual circumstances of each individual case. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. Member States shall take appropriate measures, in accordance with their national systems and procedures, to prevent and address the misuse of traineeships that aim to circumvent the rights and protections associated with regular employment relationships under Union or national law, collective agreements, or established practice. In this context, Member States may empower competent authorities to carry out an overall assessment based on the factual circumstances of each individual case. Such an assessment may, where relevant, take into account the following non-exhaustive and indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. In order to determine the existence of a fraudulent traineeships disguised as a traineeship, competent authorities shall make an overall assessment of all relevant factual elements. In determining whether there is an abusive practice in place, the assessment shall be based on the following elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. In order to identify abusive practices arising from the use of traineeships, competent authorities shall make an overall assessment of all relevant factual elements in accordance with national law or practice. That assessment can take into account, among others, the following indicative elements: |
Labour markets across the EU holds differences, and national authorities and national social partners are best suited to determine the performance of the assessments, and what must be included in order to determine and detect abusive matters.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, Member States shall ensure that an overall assessment of all relevant factual elements is preformed in accordance with national law or practice. That assessment may take into account, among others, the following indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship requiring corrective action, competent authorities shall make an overall assessment of all relevant factual elements in particular the facts relating to the actual performance of work irrespective of how the relationship is designated in any contractual arrangement that may have been agreed between the parties involved. That assessment shall take into account, among others, the following indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 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 in line with their national law, collective agreements or practice in force in each Member State. That assessment shall take into account, among others, the following indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 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 in accordance with the prerogatives laid down in legislation and national practices. That assessment shall take into account, among others, the following indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 1. In order to determine whether a purported traineeship constitutes a regular employment relationship, competent authorities shall make an overall assessment of relevant factual elements relating to the specific case in question. That assessment shall take into account, among others, the following indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 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 in their mutual context. That assessment shall take into account, among others, the following indicative elements: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | (a) the purported traineeship does not primarily consist of learning and training functions; |
The main feature of a traineeship is to train a young person. It is not merely a component; it is the basic function of a traineeship.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | (a) the absence of a written contract between the trainee and the traineeship provider; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the absence of a significant learning or training component in the purported traineeship; | (a) the absence of a meaningful learning or training component in the traineeship; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (aa) the absence of supervision of the trainee or trainees by a competent person or persons trained, qualified and available throughout the traineeship; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) the absence of a significant training component, indicated by the absence of the following elements: |
| (i) a clear training programme for the traineeship which sets out the skills, knowledge and competences to be developed over the course of the traineeship, the learning objectives of the traineeship, and the assignment of tasks and training opportunities which will facilitate those skills and objectives; | |
| (ii) a designated supervisor and/or mentor for the period of the traineeship, responsible for providing guidance, support sessions, feedback and oversight of the trainee whilst completing the tasks set; | |
| (iii) a clear connection between the skills being taught during the traineeship and the tasks performed by the trainee. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) excessive duration or multiple and/or consecutive traineeships between the same person and the same employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) the duration of the traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer by the same person; | (b) the excessive duration of the purported traineeship or multiple and/or consecutive purported traineeships with the same employer, by the same or different persons, which do not lead to stable employment; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) the excessive duration of a traineeship; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) Equivalent tasks, responsibilities, and work intensity may vary between trainees and regular employees, reflecting the different nature of their roles, while ensuring that traineeships provide genuine learning experiences that enhance employability. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) equivalent levels of tasks, responsibilities, level of experience and work intensity between the trainee and regular employees in comparable positions with the same employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) levels of tasks, responsibilities and intensity of work for purported trainees in comparison with regular employees at comparable positions; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) equivalent levels of tasks, responsibilities and intensity of work for the purported trainee and regular employees at comparable positions with the same employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) equivalent levels of tasks, responsibilities and intensity of work for purported trainees and regular employees at comparable positions with the same employer; | (c) equivalent levels of tasks, responsibilities and intensity of work for trainees and regular employees at comparable positions with the same employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ca) the absence of adequate pay; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) The requirement of prior work experience for traineeship candidates in the same or a similar field should not be presumed as unjustified but recognized as a legitimate selection criterion for employers to ensure that traineeships meet business needs and provide meaningful learning experiences. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for candidates to have previous work experience in the same or a similar field of activity prior to taking up the traineeship; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the requirement for previous work experience for candidates for traineeships in the same or a similar field of activity without appropriate justification; | (d) the requirement for previous work experience for the candidate for traineeships in the same or a similar field of activity without appropriate justification; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | (e) the lack of a public vacancy notice for the traineeship outlining the following information: |
| (i) excepted tasks and level of responsibility required of the trainee; | |
| (ii) rights and entitlements of the trainee, including pay, social protection, sick leave, and working time entitlements; | |
| (iii) provision of training and skills to be acquired at the end of the traineeship. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | (e) a high ratio of traineeships of over 10% of the employer’s workforce; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) a high ratio of purported traineeships compared with regular employment relationships with the same employer; | (e) a disproportionately high number of trainees in comparison to regular employees within the same establishment; |
| Text proposed by the Commission | Amendment |
|---|---|
| (ea) employer’s publications presented as trainee searches rather than traineeship offers; |
Since the purpose of a traineeship is not to perform a necessary role for a company, mentioning trainee searches betrays a desire to fill a post rather than to offer training to a trainee.
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (f) the absence of a transparent recruitment policy for the provision of stable employment upon completion of the traineeship. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (f) the repeated use of traineeships for individuals who have already completed one or more traineeships or employment relationships with the same employer in the same or similar field of activity. |
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) the renewal of the traineeship, beyond the maximum duration of 6 months; |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. In addition, competent authorities shall also consider circumstantial factors which are external to the traineeship relationship itself when determining whether there are abusive practices arising from the use of traineeships. The assessment shall take into account, inter alia, the following factors: | |
| (a) the high ratio of traineeships relative to the size of the establishment; | |
| (b) the recruitment of trainees who have previously completed a traineeship in the same or similar field of activity; | |
| (c) the repeated extension of the duration of traineeships without offering the possibility of progression within the establishment; | |
| (d) the replacement of permanent positions with consecutive traineeship vacancy adverts; | |
| (e) the low ratio of traineeships that transition into stable employment. |
| Text proposed by the Commission | Amendment |
|---|---|
| 1a. Member States shall ensure that measures to prevent the abuse of traineeships do not impose disproportionate administrative burdens on employers, especially SMEs and start-ups, or reduce the supply of training opportunities and access to employment for young people. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | deleted |
| (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. |
The extensive list of information required from employers would create a significant administrative burden, in particular for micro and small enterprises.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | deleted |
| (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. |
A full body of national laws and judgements is already in place to guide this amendment in accordance with national labour laws.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 2. In order to facilitate the assessment referred to in paragraph 1, employers shall provide the competent authorities, upon reasoned request and in accordance with national procedures, with the following information, if it is strictly necessary for the assessment: |
This provision ensures that competent authorities have access to the necessary information for assessing potential misuse of traineeships, while limiting administrative burden for employers. By requiring a reasoned request and restricting the scope of information to what is strictly necessary, the amendment strikes a fair balance between effective enforcement and the need to safeguard proportionality and legal certainty for businesses.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, Member States shall ensure that employers provide, upon request, the necessary information to the competent authorities |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the traineeship provider shall, upon request, provide those authorities with the following information: |
Contrary to the Draft Report, this set of amendments recognizes the unproportionate nature of requiring every traineeship provider to compile this sort of information for every single trainee. It will represent a significant increase in reporting obligations for companies, which will be contradictory to the present endeavors by the EU to reduce administrative burdens and increase European competitiveness. The traineeship provider should provide the information upon request.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 2. To enable competent authorities to carry out the assessment referred to in paragraph 1, the employer shall, upon request and without delay, provide those authorities with the following information: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of traineeships and regular employment relationships | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of traineeships and regular employment relationships | (a) the ratio of trainees and other employees in the same establishment; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) the number of traineeships and regular employment relationships | (a) The total number of traineeships and regular employment contracts, ensuring that such data collection does not impose unnecessary administrative burdens on businesses. |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the duration of traineeships; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) the duration of traineeships; | (b) The duration of traineeships, taking into account sector-specific needs and allowing flexibility for businesses to structure training periods effectively. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including pay, tasks and responsibilities of trainees and other employees in the same establishment; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) The general working conditions, including the remuneration, tasks, and responsibilities of both trainees and regular employees in comparable positions, while respecting business confidentiality and operational discretion. |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including compensation, tasks, level of experience and responsibilities of trainees and of regular employees at comparable positions; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including pay, social security and protection schemes, health and accident insurance, rest period, tasks and responsibilities of purported trainees and of regular employees at comparable positions; the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) the working conditions, including pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; | (c) the working conditions, including compensation or pay, tasks and responsibilities of purported trainees and of regular employees at comparable positions; |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | (d) The general description of the educational and training components of traineeships, ensuring that reporting requirements do not discourage businesses from offering training opportunities; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | (d) the descriptions of the learning and training components of traineeships; every traineeship shall be accompanied by a written contract that clearly outlines the specific learning objectives. These objectives shall ensure the traineeship is aimed at acquiring skills and knowledge relevant to the trainee’s education or professional development. |
| Text proposed by the Commission | Amendment |
|---|---|
| (d) the descriptions of the learning and training components of traineeships; | (d) the descriptions of the learning and training components of traineeships as indicated in the written contract; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (da) the identity, competence and diplomas of persons responsible for supervising the trainee or trainees; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the vacancy notices for traineeships. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) the vacancy notices for traineeships. | (e) information on traineeship offers, maintaining a balance between transparency and the employer’s right to define selection criteria according to company needs. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. To facilitate the assessment referred to in paragraph 1, Member States shall: | deleted |
| (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3. To facilitate the assessment referred to in paragraph 1, Member States shall: | deleted |
| (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| To facilitate the assessment referred to in paragraph 1, Member States shall: | deleted |
| (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. |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define the minimum duration of the traineeship to be one month and the maximum duration of a traineeship to be six months; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define the maximum duration of the traineeship and of repeated, including consecutive, traineeships with the same traineeship provider to be six months. Member States may however provide for exceptions to the time-limit up to one year, where a longer duration is justified on objective grounds; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) establish a time limit which shall not exceed six months indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) in accordance with their national systems, establish indicative criteria or reference thresholds to support the assessment of whether the duration of a traineeship, or repeated — including consecutive — traineeships with the same employer, may be considered excessive. Such criteria shall take into account the specific nature and objectives of the traineeship; |
This wording avoids mandatory time limits, allowing Member States to respond flexibly to different types of traineeships across sectors. It supports legal clarity without imposing uniform standards, in line with the principle of subsidiarity and the diversity of national labour markets.
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer, while allowing exceptions for longer durations, which are objectively justified by training complexity or certification requirements; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer, with justified exceptions allowed on objective grounds; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) define a time limit indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; | (a) define a time limit of six months indicating excessive duration of a traineeship and of repeated, including consecutive, traineeships with the same employer; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) urge employers to include information on the expected tasks and working conditions in the vacancy notices and advertisements for traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) Member States shall require employers to provide the same information in traineeship vacancy notices and advertisements as required by national law for regular employment notices. |
Practice on vacancy notices differs largely between Member States. This change reflects the different traditions and aligns the requirements with national law.
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) require employers to include information on the expected tasks, working conditions, including the allowance, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices for traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements in the vacancy notices, advertisements for traineeships and traineeship working contracts. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements, as well as the possibilities of recruitment after the completion of the traineeship in the vacancy notices and advertisements for traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) require employers to include information on the expected tasks, working conditions, including pay, social protection, learning and training elements and prohibit the inclusion of a requirement for previous work experience in the vacancy notices and advertisements for traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| (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. | (b) require employers to include information on the expected tasks, working conditions, including pay or compensation, social protection, learning and training elements in the vacancy notices and advertisements for traineeships. |
| Text proposed by the Commission | Amendment |
|---|---|
| (ba) define an adequate level of pay that ensures a decent standard of living for the trainee; |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified for traineeships whose completion is mandatory for accessing a profession; |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States may provide for exceptions to the time-limit in point (a) in cases where a longer duration is justified by objective grounds. | Member States may provide for exceptions to or provisions for the extension of the time-limit in point (a) in cases where a longer duration is justified by objective grounds. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | To ensure the full achievement of the objectives of this Directive, Member States shall undertake the following measures: |
We want to ensure that the directive maintains the legal distinction between traineeships and employment relationships. Trainees cannot be classified as having an employment contract, so EU law cannot apply in the same way as workers. Member States must be able to regulate traineeships effectively within their existing legal frameworks without undue burden on employers.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | Member States shall take appropriate measures, in accordance with their national systems and practices, to ensure that trainees benefit from the rights and protections applicable to them under Union and national law, collective agreements, or established practice. In particular, Member States shall: |
This amendment clarifies that trainees are not automatically to be treated as workers under Union law. It ensures that they receive the protections specifically applicable to their status, while respecting national implementation systems and avoiding legal uncertainty.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | Member States shall take effective measures to ensure that the distinction between traditional worker and trainee is fully observed. In particular they shall: |
As the rules on trainees do not fall within the competence of the European Union, seeking to apply European law is contrary to the Treaties.
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | 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 may: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | Member States shall take effective measures in accordance with national law or practice to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to trainees. In particular they shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| 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: | Member States shall take effective measures to ensure that all relevant Union law applicable to workers is fully implemented and enforced in relation to open labour market trainees. In particular they shall: |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | (a) ensure that information on the rights of trainees is available to them in a clear, comprehensive and easily accessible way; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | (a) ensure that information on the rights of trainees is publicly available free of charge in a clear, comprehensive and easily accessible way including in accessible formats for persons with disabilities; |
| Text proposed by the Commission | Amendment |
|---|---|
| (a) ensure that information on the rights of trainees is publicly available in a clear, comprehensive and easily accessible way; | (a) ensure that information on the rights of trainees and on the legal regime applicable to trainees is publicly available in a clear, comprehensive and easily accessible way; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop guidance and supports for traineeship providers of trainees regarding the legal framework for traineeships, in particular SMEs, including relevant labour law and social protection aspects as well as best practices on provision of quality learning and training elements; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects, as well as the legal limits to be complied with in order to avoid reclassification as a traditional employment contract; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop a common quality framework and guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects, as well as quality and accessibility practices for traineeships; |
| Text proposed by the Commission | Amendment |
|---|---|
| (b) develop guidance for employers of trainees regarding the legal framework for traineeships, including relevant labour law and social protection aspects; | (b) develop guidance for employers of trainees regarding the legal framework for open labour market traineeships, including relevant labour law and social protection aspects; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | deleted |
There is no clear definition of competent authorities. This creates legal uncertainty and the risk that new authorities will be created and labour law claims will no longer be addressed by ordinary courts.
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | (c) provide for effective measures in accordance with national law or practice, including, where appropriate, controls and inspections, to enforce the relevant labour law in relation to trainees; |
| Text proposed by the Commission | Amendment |
|---|---|
| (c) provide for effective controls and inspections conducted by competent authorities to enforce relevant labour law in relation to trainees; | (c) provide for regular and effective controls and inspections to be conducted by competent authorities on a minimum number of traineeship providers in order to enforce relevant labour law in relation to trainees; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (d) Ensure that appropriate systems are in place, in accordance with national law or practice, with the necessary resources to carry out effective controls and inspections. These systems should also have the capacity to impose effective, proportionate, and dissuasive penalties, taking into account the varying approaches across Member States; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (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, which may go as far as a ban on taking on new trainees or the relevant authority deciding to close the establishment;; |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (d) ensure that the competent authorities and National Labour Inspection 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; |
| Text proposed by the Commission | Amendment |
|---|---|
| (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; | (d) ensure that the competent authorities are provided with the sufficient human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | (e) Develop the capability of appropriate systems, in accordance with national law or practice, in particular through training and guidance, to proactively target and pursue non-compliant employers; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant traineeship providers; |
| Text proposed by the Commission | Amendment |
|---|---|
| (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant employers; | (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target non-compliant employers; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure channels for trainees to report malpractice and poor working conditions, and provide information on those channels |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure, in cooperation with the competent authorities or social partners, in accordance with national law or practice, that channels are in place for trainees to report malpractice and poor working conditions, alleged infringements of rights and obligations under this directive, and provide information on those channels |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels under point (a) while complying with Regulation (EU) 2016/679. Such channels shall be accessible for persons with disabilities in accordance with Directive (EU) 2016/2102; |
| Text proposed by the Commission | Amendment |
|---|---|
| (f) ensure, in cooperation with the competent authorities, channels for trainees to report malpractice and poor working conditions, and provide information on those channels | (f) ensure, in cooperation with the competent authorities, channels for trainees anonymously and safely to report malpractice and poor working conditions, and provide information on those channels |
| Text proposed by the Commission | Amendment |
|---|---|
| (fa) ensure the validation, recognition and portability of the skills and competences acquired during the traineeship period through a certificate; |
| Text proposed by the Commission | Amendment |
|---|---|
| (fb) ensure that traineeships are recognised as work experience in recruitment processes in the job market; |
| Text proposed by the Commission | Amendment |
|---|---|
| Member States will encourage the integration of traineeships in post training pathways that respond to current and future labour market demands. |
| Text proposed by the Commission | Amendment |
|---|---|
| Right to redress | Dispute resolution and right to compensation |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Right to redress | Right to redress and emergency procedures |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution mechanisms and appropriate remedies, including, where justified, compensation, in cases of infringements of rights arising from this Directive or from other applicable Union or national law. |
This amendment ensures access to justice for trainees while clearly distinguishing their legal status from that of workers. It respects national procedural autonomy and avoids creating unintended obligations for Member States or employers, in line with the principle of subsidiarity.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 specific status leading to a reclassification of their legal situation as a traditional employment contract. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that trainees have access to effective and impartial dispute resolution and a right to redress in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that trainees, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and to compensation in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that trainees, including those whose traineeship 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that trainees, including those whose traineeship 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, provided that such mechanisms are accessible and simplified for micro-enterprises and SME’s . |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| The Member States shall take the necessary measures to ensure that during a traineeship, the trainee can urgently refer the matter to the competent authority and/or the labour inspectorate in the event of a breach of their fundamental rights, particularly those to health and safety and the prevention of psychological or sexual violence, with a view to solving the matter swiftly or, failing that, to putting an end to the traineeship without prejudice to the trainee or the proper functioning of their training programme. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 8 | deleted |
| 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. |
We want to reiterate that traineeships do not constitute employment relationships. The wording in the proposed Directive risks blurring the distinction between trainees and employees, creating legal uncertainty and additional obligations for companies. This article also deals with a general principle – to combat ‘retaliatory’ behaviour resulting from the exercise of a right – which is, however, already present in many national legal systems, risking being redundant.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that worker's representatives are able to engage in accordance with national law or practice, in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive and are able to act, where admissible pursuant to national law or practice. They may act on behalf or in support of a 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 the trainee’s or those trainees’ approval. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. They may act on behalf or in support of one or several trainees in the case of an infringement of their legal regime leading to the application of Union law applicable to workers, with that trainee’s or those trainees’ approval. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that representatives of workers or other relevant bodies, in accordance with national law and practice, may engage in judicial or administrative proceedings to support the enforcement of rights and obligations arising from this Directive. They may act on behalf of, or in support of, one or more trainees in cases of alleged infringements of such rights or obligations, with the trainee’s or trainees’ consent. |
This amendment maintains the possibility for representatives to support trainees in enforcing their rights, while clearly distinguishing the legal status of trainees from that of workers. It preserves national procedural frameworks and avoids creating unintended obligations, thereby ensuring consistency with the principle of subsidiarity.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. Trainees shall be explicitly informed about this possibility by the workers representatives or their employer at the beginning of their traineeship. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, only where they have so requested.. 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. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that representatives of workers and trade unions 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States may ensure that representatives of workers or other relevant bodies 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that workers' representatives 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | Member States shall ensure that workers’ representatives 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| Protection against adverse treatment and consequences | Protection against adverse treatment and consequences and burden of proof |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 relevant to trainees. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Member States shall introduce the necessary measures to protect open-market trainees 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 relevant to open-market trainees. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. In particular, Member States shall take the necessary measures to prohibit the termination of a traineeship and all preparations for such termination on the grounds that they have exercised the rights provided for in this Directive or in other Union law relevant to trainees. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. In particular, Member States shall take the necessary measures to prohibit the termination of a traineeship and all preparations for such termination on the grounds that they have exercised the rights provided for in this Directive or in other Union law relevant to trainees. |
Work concepts cannot be applied to traineeships, which are not employment relationships. The replacement of “dismissal” by “cessation of a traineeship” avoids legal ambiguity.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. In particular, Member States shall take the necessary measures to prohibit the termination of a traineeship, and all preparations for such termination or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law relevant to trainees. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. In particular, Member States shall take the necessary measures to prohibit the 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. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of an offer of future employment at the traineeship provider, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of a recruitment offer, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2a. Member States and employers shall make available adequate training for staff with supervisory functions in organisations where traineeships are in effect. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
The obligation for employers to provide a written justification for the termination of a traineeship represents an excessive burden, especially for micro and SMEs.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. Trainees who consider that their traineeship has been terminated, or has 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 relevant to trainees, may request the employer to provide duly substantiated grounds for the termination or the equivalent measures. The employer shall provide those grounds in writing. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 traineeship provider to provide duly substantiated grounds for the dismissal or the equivalent measures. The traineeship provider shall provide those grounds in writing. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
Uncertainty about the reversal of the burden of proof, which could conflict with national procedural law, is eliminated.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 4. Member States shall ensure that, in proceedings concerning the termination of a traineeship or equivalent measures allegedly linked to the exercise of rights under this Directive, the competent authority or body assesses all relevant circumstances of the case in an objective manner. Member States shall ensure that trainees have effective access to procedures capable of establishing whether such a link exists, without disproportionately burdening either party. |
This formulation avoids a rigid reversal of the burden of proof, thereby preventing excessive legal and administrative burdens for employers. At the same time, it ensures that trainees have access to procedures that enable a fair examination of possible retaliatory terminations, in line with the principle of proportionality and national procedural autonomy.
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 have been reprisals as a result of trainees’ exercising their rights as provided for in this directive or other provisions of EU law applicable to trainees, and in particular an interruption of the traineeship, 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 traineeship provider to prove that the dismissal or equivalent measures were based on grounds other than those referred to in paragraph 2. |
| Text proposed by the Commission | Amendment |
|---|---|
| 4a. Paragraph 4 shall not prevent Member States from introducing rules of evidence which are more favourable to trainees. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
Uncertainty about the reversal of the burden of proof, which could conflict with national procedural law, is eliminated.
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | deleted |
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Paragraph 4 shall not apply to criminal proceedings, unless otherwise provided by the Member State. | deleted |
Uncertainty about the reversal of the burden of proof, which could conflict with national procedural law, is eliminated.
| Text proposed by the Commission | Amendment |
|---|---|
| 6. Paragraph 4 shall not apply to criminal proceedings, unless otherwise provided by the Member State. | deleted |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 6a. The Member States shall take the necessary measures to ensure that during a traineeship, the trainee can urgently refer the matter to the competent authority and/or the labour inspectorate in the event of a breach of their fundamental rights, particularly those to health and safety and the prevention of psychological or sexual violence, with a view to solving the matter swiftly, or failing that, to putting an end to the traineeship without prejudice to the trainee or the proper functioning of their training programme. The Member States shall ensure that, in such situations, the trainee cannot be subject to retaliatory measures, including the interruption of the traineeship. They shall ensure that, if the traineeship is terminated, the trainee can finalise the training they were pursuing and that this has no repercussions on their training path. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| Article9a | |
| Trainee’s right to health and safety | |
| 1. Member States shall ensure that any host organisation receiving a trainee vouches for and takes responsibility for the trainee’s health and safety during traineeships. Member States shall ensure that trainees receive: | |
| - health and safety guarantees and protection at least equivalent to those enjoyed by all of the organisation’s staff and civil servants; | |
| - additional guarantees, necessary because of their limited knowledge and experience of the professional world and the fragility of their status, particularly with regard to training in how to use tools and equipment, and the prevention of sexual and psychological harassment. | |
| 2. Member States shall take the necessary measures to ensure that trainees who find themselves in a situation which they have reasonable grounds to believe presents a serious and imminent danger, or an attack on their morality, rights or dignity, may immediately withdraw from that situation, until the situation has ended or they have been duly informed that there is no longer any danger or that the reasonably suspected harm has been remedied. The exercise of this right shall have no effect on the continuation of the traineeship, unless otherwise specified by the trainee. Nor shall it have any effect on the assessment or remuneration of the trainee. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 10 | deleted |
| 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. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 and may comprise the payment of adequate compensation. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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 and proportionate. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article10a | |
| Collection of data, monitoring and evaluation | |
| 1. Member States shall take the appropriate measures to ensure that effective data collection tools are in place to monitor the quality of traineeships. The Commission shall adopt implementing acts to ensure the uniformity and comparability of data collection. | |
| 2. Member States shall ensure that the data collection of traineeships at national level is carried out in line with the implementing acts referred to in paragraph 1. They shall submit the data collected to the Commission every second year disaggregated by gender, age, disability, company size and sector as far as available. | |
| 3. The Commission shall analyse the data and information transmitted by the Member States in paragraph 2 of this Article. It shall report in this regard every third year to the European Parliament and to the Council and shall simultaneously publish the data and information transmitted by Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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, nor as imposing disproportionate administrative requirements on businesses, particularly micro, small and medium- sized enterprises. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. No provision in this Directive shall be construed as lowering the protection of workers, including trainees, afforded by other instruments of Union law, national law, collective agreements or practice. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. No provision in this Directive shall be construed as lowering the protection of trainees afforded by other instruments of Union law, national law, collective agreements or practice. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, including trainees, within Member States. | 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers or to trainees, within Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, including trainees, within Member States. | 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, within Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to workers, including trainees, within Member States. | 2. This Directive shall not constitute valid grounds for reducing the general level of protection already afforded to trainees within Member States. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. At the same time, nothing in this Directive shall be construed as imposing an obligation on Member States to introduce a specific employment relationship for trainees in their national law. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to trainees or to encourage or permit the application of collective agreements which are more favourable to trainees. |
Catarina Martins, Estrella Galán, Anthony Smith, Konstantinos Arvanitis, Kathleen Funchion, Leila Chaibi
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may, provided that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by the Member States, the option of upholding or concluding collective agreements to implement and complement the protections laid down in this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 3a. Member States may, provided that the national social partners jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by the Member States, the option of upholding or concluding collective agreements to implement and complement the protections laid down in this Directive |
| Text proposed by the Commission | Amendment |
|---|---|
| 3 a. 4. The Directive shall not extend the scope traineeships are defined and used in the national law, collective agreements or practice. |
| Text proposed by the Commission | Amendment |
|---|---|
| Article 11a | |
| Collective agreements | |
| Member States may, on the condition that the social partners on the national level jointly agree, give the social partners, at the appropriate level and subject to the conditions laid down by Member States, the option of upholding or concluding collective agreements which adapt, complement and/or differ from the rules included in this Directive, provided that the general level of protection of trainees is ensured and that the principle of non-discrimination in accordance with Article 3 is respected. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 1. Member States shall take the necessary measures to comply with this Directive by [18 months after entry into force]. They shall immediately inform the Commission thereof. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 3. Member States shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 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. The communication referred to in paragraph 2 shall include a description of the involvement of the social partners in the implementation of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 5a. Member states shall promote the active involvement of stakeholders, in particular social partners, student unions, youth organisations and lifelong career guidance services in collecting, implementing and monitoring the quality of traineeships provided at national level |
| Text proposed by the Commission | Amendment |
|---|---|
| 5b. Financial Support | |
| Member States shall promote the use of national and/or Union funds, such as from the European Social Fund Plus, the European Regional Development Fund and other funds to offer financial and administrative support to the following traineeship providers: | |
| - non-governmental organisations, especially non-profit organisations; | |
| - micro and small enterprises; |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [five years after the date of transposition], Member States shall communicate to the Commission the information necessary for the preparation of a report on the implementation of this Directive. This information shall include, where available, aggregated data on traineeships that allow for the monitoring and assessment of the Directive’s application. In collecting such data, Member States shall ensure that the administrative burden for undertakings, in particular small and medium-sized enterprises, remains proportionate and limited to what is strictly necessary. |
This amendment ensures that the Commission receives the necessary information to evaluate the implementation of the Directive, while preventing excessive reporting obligations for businesses. It respects the principles of proportionality and better regulation, particularly in the interest of SMEs.
| Text proposed by the Commission | Amendment |
|---|---|
| 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 data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [3 years after the date of transposition], Member States shall collect relevant data and 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 data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. This data shall include, as a minimum for each calendar year: |
| - the number of traineeships provided by traineeship providers; | |
| - the extent to which the quality criteria indicated in this Directive have been applied in traineeship contracts; | |
| - the number of controls and inspections carried out by competent authorities; | |
| - the number of reported cases of abusive practices. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 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 review its implementation and draw up a report. That information shall include data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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 data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. | 1. By [3 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 data on traineeships for the purposes of allowing the proper monitoring and assessment of the implementation of this Directive. |
| Text proposed by the Commission | Amendment |
|---|---|
| 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. | 2. The Commission shall, after consulting the Member States, the social partners at Union level and key stakeholders, and taking into account the impact on SMEs, including microenterprises, 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 proposal for legislative amendments. In its review, the Commission shall pay particular attention to the impact of the directive on facilitating transitions from traineeships to regular employment relationships as well as the design and impact of national measures under Chapter III in the overall implementation of this Directive. |
Connections
The dossier, the decisions on this text and its other versions.
No connections found for this item.
Sources & citation
Where the facts on this page come from, and how to cite it.
- Data source
- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2025). “AMENDMENTS 335 - 654 - Draft report on the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)”. Text, 27 March 2025. docId EMPL-AM-771927. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/EMPL-AM-771927 (retrieved 25 September 2026). Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/EMPL-AM-771927 (CC BY 4.0).
BibTeX
@misc{epw-text-empl-am-771927,
author = {{European Parliament}},
title = {{AMENDMENTS 335 - 654 - Draft report on the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)}},
year = {2025},
date = {2025-03-27},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/EMPL-AM-771927}},
url = {https://news.eu-parl.st-solutions.dev/texts/EMPL-AM-771927},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId EMPL-AM-771927. Data: EP Open Data API: document record (CC BY 4.0)}
}