© - ATH all rights reserved - Edition 2024 78 EMPLOYER’S GUIDE 2024 INTERNSHIPS CONCERNED An internship is a temporary period of time spent in a professional environment during which the student gains professional skills that put into practice what he or she is learning through his/ her studies with a view to obtaining a degree or certification. The internship must be part of a course of study. The employer cannot take on an intern instead of hiring an employee under an employment contract, to : replace an employee in the event of absence, suspension of employment contract or termination ; perform regular duties related to a permanent job ; deal with a temporary increase in activity ; for seasonal employment. A company with less than 20 employees cannot host more than 3 interns during the same calendar week. This maximum quota of interns is 15 % of the headcount in companies with 20 or more employees. INTERNSHIP AGREEMENT An internship agreement is compulsory. It must be signed between the host company, the intern and the teaching institution. It must also be signed by the student’s tutor and the internship mentor. A mentor can only supervise three interns. The internship agreement must include a number of compulsory clauses. If there is no agreement or the agreement is not properly drawn up, the internship may be reclassified as an employment contract. DURATION OF INTERNSHIPS An intern cannot do an internship of more than 6 months in the same company or organisation under one or more internships. The internship period is calculated on the basis of the actual time the intern spends in the host organisation. Companies that host a series of interns in the same post under different internship agreements must allow a gap between internships of one third of the duration of the previous internship unless it was terminated by the intern. The employer must include interns in a specific part of the employee register. INTERNSHIPS IN A BUSINESS ENVIRONMENT 38 What you need to know : Various legislation has been passed to better regulate internships and differentiate them from employment contracts. Companies wanting to take students on internships must therefore ensure they comply with the various conditions and obligations stipulated by law in order to avoid the risk of the internship being reclassified as an employment contract, in particular.
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