Changes from report parliamentary committee draft to plenary report

AddedRecital 39a (new): (39a) It is more important than ever to strive for an internal market with a level playing field without social dumping and with respect for social and employment rights. The Union supports Member States in their striving for collective bargaining and their freedom to maintain, conclude and enforce collective agreements where they are a better tool for implementing and complementing the Union’s legislative initiatives, in light of national practices and frameworks. In that respect, it is crucial to acknowledge the importance of the social partners and their right to negotiate and bargain collectively.

AddedRecital 39 b (new): (39b) Member States should provide incentives for the establishment of traineeships that lead to potential employment with the same employer, while also establishing clear pathways for transitioning from training to permanent employment, thereby promoting talent retention and career opportunities for young professionals.

AddedArticle 1 – title: Subject matter and scope

AddedArticle 1 – paragraph 1: 1. This Directive lays down a common definition of traineeships and establishes a framework of principles and measures to improve and enforce the working conditions of trainees, by providing for: / (a) the promotion of quality, transparent, and accessible traineeships that facilitate the transition from education to standard employment or access to a profession, through a significant learning and training component; / (b) measures to detect and combat: / (i) practices that circumvent the purpose of traineeships; / (ii) the use of standard employment relationships disguised as traineeships;

AddedArticle 1 – paragraph 1 a (new): 1a. This Directive does not apply to: / (a) traineeships that are integral to and a mandatory part of the curriculum of formal higher education or vocational education and training and that are undertaken solely for the purpose of obtaining academic or professional credits; or / (b) apprenticeships [within the meaning of Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships].

AddedArticle 2 – paragraph 1 – point a: (a) ‘traineeship’ means a limited period of entry-level work aiming to provide practical and professional experience and skills through a significant learning and training component, with a view to facilitating the transition from education to a standard employment relationship or accessing a profession;

AddedArticle 2 – paragraph 1 – point b: (b) ‘trainee’ means any person undertaking a traineeship;

AddedArticle 2 – paragraph 1 – point b a (new): (ba) ‘traineeship provider’ means a private or public undertaking or a not-for-profit entity, which provides traineeships;

Article 2 – paragraph 1 – point c: deleted

Article 2 – paragraph 1 – point d: deleted

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RemovedArticle 3 – paragraph 1: deleted

AddedChapter II – title: Traineeship agreements and decent working conditions

RemovedArticle 3 – paragraph 1 a (new): 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.

AddedArticle 2 a (new): Article 2a / Traineeship agreements / 1. In order to ensure the presence of a significant learning and training component and decent working conditions for trainees, Member States shall ensure that trainees are provided with a written agreement before the start of their traineeship [(‘traineeship agreement’)], which sets out, inter alia: / (a) the duration of the traineeship; / (b) the pay, in accordance with national law, collective agreements or practice and, where applicable, with Directive (EU) 2022/2041; / (c) the learning and training objectives agreed between the trainee and the traineeship provider; / (d) the rights and obligations of the trainee and the traineeship provider, and the tasks to be carried out by the trainee in order to facilitate the achievement of the learning and training objectives referred to in point (c); / (e) the traineeship provider's policies on confidentiality and the ownership of intellectual property rights; / (f) the arrangements for regular and consistent mentorship and evaluation to be carried out by the supervisor or mentor assigned for the duration of traineeship while guiding the trainee through the assigned tasks. / 2. Member States shall ensure that traineeship providers put in place adequate training for staff with supervisory functions in their establishments. / 3. Traineeship providers shall provide trainees with access to social protection in accordance with national schemes. / 4. The requirements relating to traineeship agreemen…

RemovedArticle 3 – paragraph 1 b (new): Member States shall promote increased access to traineeships for trainees from vulnerable backgrounds, including trainees with disabilities.

AddedArticle 3 – paragraph 1: Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than other workers in the same establishment on the sole ground that they are undertaking a traineeship.

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ChangedArticle 3 – paragraph 1 ca (new): Member States shall ensure thatthat, workplacesin arerespect adaptedof access to betraineeships accessibleand tothe traineesworking conditions including pay, traineeships comply with disabilities.the principle of non-discrimination as laid down in Directives 2000/43/EC, 2000/78/EC and 2006/54/EC and Article 21 of the Charter.

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AddedArticle 3 – paragraph 1 b (new): Member States shall take effective measures to increase access to traineeships for persons in vulnerable situations and those at risk of being excluded from the labour market, including people facing structural disadvantages in accessing education or employment.

AddedArticle 3 – paragraph 1 c (new): Member States shall take appropriate measures to ensure that trainees with disabilities are not prevented from participating in traineeships, including by ensuring the accessibility and adaptability of the workplace and by providing reasonable accommodation, where needed.

AddedArticle 3 – paragraph 1 d (new): With regard to health and safety at work, Member States shall ensure that trainees benefit from the same level of protection as other workers in the same establishment. The traineeship provider shall provide additional safeguards, including tailored information, appropriate supervision, and training measures, taking into account the level of the trainee’s professional experience and the nature of the tasks assigned.

Article 3 – paragraph 2: deleted

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RemovedChapter III – title: III Measures to combat abusive practices arising from the use of traineeships

AddedArticle 3 – paragraph 2 a (new): Traineeship providers shall inform trainees of vacancies which become available in their undertaking or establishment to ensure that trainees have the same access to 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.

RemovedArticle 4 – title: Measures to combat abusive practices

AddedChapter III – title: Measures to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships

RemovedArticle 4 – paragraph 1: 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 for purposes other than facilitating the transition from education to stable employment, or accessing a profession, 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.

AddedArticle 4 – title: Measures to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships

RemovedArticle 5 – title: Assessment of abusive practices

AddedArticle 4 – paragraph 1: Member States shall provide for effective controls and inspections conducted by competent authorities, including by inspectors with specific expertise or training in assessing the nature and quality of traineeships, to detect and take enforcement and corrective measures against practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships. Practices that circumvent the purpose of traineeships, which is to provide valuable professional experience and skills through a significant learning and training component and to facilitate the transition from education to standard employment, or accessing a profession, and the use of standard employment relationships disguised as traineeships result in 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.

RemovedArticle 5 – paragraph 1 – introductory part: 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 determining whether there is an abusive practice, the assessment shall be based on:

AddedArticle 4 – paragraph 1 a (new): Member States shall encourage workers’ representatives and other relevant legal entities to allocate a designated person for trainees to serve as a first point of contact for advice on available remedies and supports in the case of suspected malpractice, poor working conditions, infringements of their rights or any similar practices.

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ChangedArticle 5 – paragraphtitle: 1Assessment –of pointpractices a:that (a)circumvent the absencepurpose of atraineeships writtenand contractthe betweenuse theof traineestandard andemployment therelationships traineeshipdisguised provider;as traineeships

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RemovedArticle 5 – paragraph 1 – point b: (b) the absence of a 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; / (iii) the provision of a dedicated training, feedback and support sessions during the traineeship; / (iv) guidance and oversight of the trainee whilst completing the tasks set; / (v) a clear connection between the skills being taught during the traineeship and the tasks set.

AddedArticle 5 – paragraph 1 – introductory part: 1. In order to detect and combat practices that circumvent the purpose of traineeships, competent authorities shall make an overall assessment of all relevant factual elements and shall consider one or more of the following to indicate such practices:

Change 22

ChangedArticle 5 – paragraph 1 – point c: (c) the excessive duration of ab: traineeship;deleted

Change 23

RemovedArticle 5 – paragraph 1 – point d: (d) the absence of remuneration granted in accordance with Directive (EU) 2022/2041;

AddedArticle 5 – paragraph 1 – point b a (new): (ba) the absence of a significant learning and training component, indicated by the absence of one or more of the following: / (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 is intended to facilitate those skills and objectives; / (ii) the arrangements for regular and consistent mentorship and evaluation to be carried out by the supervisor or mentor assigned for the duration of traineeship while guiding the trainee through the assigned tasks; / (iii) a demonstrable connection between the skills being developed during the traineeship and the tasks set and performed;

RemovedArticle 5 – paragraph 1 – point e: (e) the requirement for candidates to have previous work experience prior to taking up the traineeship;

AddedArticle 5 – paragraph 1 – point c: deleted

RemovedArticle 5 – paragraph 1 – point f: (f) 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 gained.

AddedArticle 5 – paragraph 1 – point ca (new): (ca) multiple or consecutive traineeships undertaken by the same person with the same employer;

RemovedArticle 5 – paragraph 1 – point f a (new): (fa) the absence of a transparent recruitment policy for the provision of stable employment upon completion of the traineeship.

AddedArticle 5 – paragraph 1 – point d: deleted

RemovedArticle 5 – paragraph 1 a (new): 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.

AddedArticle 5 – paragraph 1 – point da (new): (da) the absence of pay or pay awarded in violation of national law, collective agreements or practice or, where applicable, with Directive (EU) 2022/2041;

RemovedArticle 5 – paragraph 2 – introductory part: 2. To enable competent authorities to carry out the assessment referred to in paragraphs 1 and 2, Member States shall require traineeship providers to supply those authorities with the following information:

AddedArticle 5 – paragraph 1 – point e: deleted

AddedArticle 5 – paragraph 1 – point ea (new): (ea) a requirement for candidates to have previous work experience, in particular in the same or a similar field of activity, prior to taking up the traineeship;

AddedArticle 5 – paragraph 1 – point f: deleted

AddedArticle 5 – paragraph 1 – point fa (new): (fa) the absence of any information about one or more of the following in the vacancy notice or advertisement for the traineeship: / (i) the expected tasks and level of responsibility required of the trainee; / (ii) the rights and entitlements of the trainee, including pay and social protection, in accordance with national schemes , and working time; / (iii) details of the significant learning and training component and skills to be gained;

AddedArticle 5 – paragraph 1 – point f b (new): (fb) the absence of a transparent recruitment policy for the purpose of facilitating the trainee’s transition to a standard employment relationship upon completion of the traineeship.

AddedArticle 5 – paragraph 1a (new): 1a. In order to determine whether a traineeship comprises a standard employment relationship disguised as traineeship , competent authorities shall make an overall assessment of all relevant factual elements and shall consider in particular: / (a) the ratio of trainees relative to the number of other workers in the same establishment; / (b) the level of recruitment of trainees who have previously completed a traineeship in the same or in a similar field of activity; / (c) the equivalent levels of tasks, responsibilities and intensity of work for trainees and other workers in the same establishment;

AddedArticle 5 – paragraph 2 – introductory part: 2. To enable competent authorities to carry out the assessment referred to in paragraphs 1 and 1a, traineeship providers shall, upon request, supply without delay those authorities with the following information:

Article 5 – paragraph 2 – point a: (a) the number of trainees and other types of workers;

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ChangedArticle 5 – paragraph 2 – point c: (c) the working conditions, including pay, tasks and responsibilities of the traineeshipstrainees and of other types of workers in comparablethe positions;same establishment;

Change 25

ChangedArticle 5 – paragraph 2 – point d: (d) the descriptions of the learning and training components of traineeships;traineeships as indicated in the written traineeship agreement;

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ChangedArticle 5 – paragraph 3 – subparagraph 1 – introductory part: To facilitate the assessmentassessments referred to in paragraphs 1 and 2,1a, Member States shall:

Change 27

ChangedArticle 5 – paragraph 3 – subparagraph 1 – point a: (a) define thetraineeships maximumas being between one and six months’ duration, except where a longer duration ofis thejustified traineeshipon toobjective begrounds sixthat months,further however,the Memberaims Statesof maythe providetraineeship, in particular for exceptionstraineeships towhose thecompletion time-limitis wheremandatory for accessing a longerspecific profession and provided that Member States ensure that the applicable maximum duration is justifiednot oncircumvented objectiveby grounds;means of the renewal or extension of the traineeship agreement.

Change 28

ChangedArticle 5 – paragraph 3 – subparagraph 1 – point b: (b) require traineeship providers 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.

Change 29

ChangedArticle 5 – paragraph 3 – subparagraphsubpragraph 2: deleted