Frequently Asked Questions [INTERNSHIP]
Is it necessary to draw up an agreement for a school-based internship?
Yes, but you shouldn't enter the agreement in the app; you need to download this form.
Other situations where you do not enter your agreement in the application:
=> Project agreement
=> Internship during a gap year
In these specific cases, please contact the internship office
Is it not possible to do an internship outside of the curriculum?
TRUE
Article L124-1 of the Education Code
Work-based training periods and internships are temporary placements in a professional setting during which students acquire professional skills and apply what they have learned in their training in order to obtain a diploma or certification and to facilitate their entry into the workforce.
Is it possible to do an internship without a contract?
FALSE
Educational internships must be governed by a tripartite agreement between the intern, the educational institution, and the host organization (private companies, associations, public companies, or public industrial and commercial institutions).
The internship agreement binds the signatories. For the intern, this involves adhering to the host company’s work schedule and performing a series of tasks in exchange for training and a stipend.
What information must be included in the agreement?
The internship agreement, which is typically drafted by the university in consultation with the host company, governs the terms and conditions of the internship. In accordancewith Decree No. 2014-1420 of November 30, 2014(Art. D124-4), it must include the following mandatory information:
– The full title of the intern’s academic program or training course and the number of hours per academic year or per semester, as applicable
– The name of the supervising instructor at the educational institution and the name of the mentor at the host organization
– The skills to be acquired or developed during the work-based training period or internship
– The activities assigned to the intern based on the training objectives and skills to be acquired as defined in paragraph 3 and validated by the host organization
– The start and end dates of the work-based training period or internship, as well as the total expected duration, calculated in accordance with the procedures set forth in Article D. 124-6
– The weekly duration of the intern’s actual presence at the host organization and their presence, if applicable, at night, on Sundays, or on public holidays, pursuant to Article L. 124-14
– The conditions under which the supervising teacher at the educational institution and the mentor at the host organization provide guidance and supervision to the intern
– The amount of the stipend paid to the intern and the terms of its payment, if applicable
– The social security coverage provided to the intern, including coverage in the event of a work-related accident, as well as, if applicable, the requirement for the intern to provide proof of liability insurance
– The conditions under which the intern is authorized to be absent, particularly in connection with obligations certified by the educational institution and the leave and authorized absences referred to in Article L. 124-13
– The terms and conditions for the suspension and termination of the internship agreement
– The procedures for validating the internship or the period of on-the-job training in the event of interruption, in accordance with Article L. 124-15
– The list of benefits offered by the host organization to the intern, including access to the company cafeteria or meal vouchers as provided for in Article L. 3262-1 of the Labor Code and coverage of transportation costs as provided for in Article L. 3261-2 of the same code, where applicable, as well as the social and cultural activities mentioned in Article L. 2323-83 of the Labor Code
– The provisions of the host organization’s internal regulations that apply to the intern, where applicable
– The conditions for issuing the internship certificate provided for in Article D. 124-9. “The internship agreement may be subject to amendments, particularly in the event of a postponement or suspension of the professional training period.”
Is the repeated use of interns considered an abuse?
NOT NECESSARILY…Thesuccessive placementof interns, under different internship agreements, to perform internships in the same position is only permitted after a waiting period equal to one-third of the duration of the previous internship (Art. L124-11of the EducationCode). The violation lies more in the nature of the internship than in its repetition. The Education Code defines several specific situations in which a host organization is not permitted to use an intern:– to replace an employee who is absent, has been dismissed, or whose contract has been suspended– to perform “a regular task corresponding to a permanent position within the company”– in the event of a temporary increase in activity or seasonal employment.
Can an internship last as long as you want?
FALSE
“The duration of any internship or period of on-the-job training completed by the same intern at the same host organization may not exceed six months per academic year.
NOTE: Pursuant to Section VI of Article 1 of Law No. 2014-788 of July 10, 2014, a decree establishes the list of training programs for which an exception may be made to the duration of the internship or period of workplace training provided for in Article L. 124-5 of the Education Code for a two-year transition period beginning on July 10, 2014.”
Section L124-5of the Education Code
IMPORTANT!!! An internship cannot extend beyond August 31, the end of the academic year.
Can an intern work more than 35 hours a week?
TRUE
An intern may not exceed the legal working hours set by the Labor Code at 35 hours per week (Article L. 3121-10) and 10 hours per day (Article L. 3121-34), except for exemptions specified by decree. These provisions, specified in the internship agreement along with the work schedule, apply to all hours of actual work or presence at the workplace (Article L. 6343-2).
No RTT: Note that as an intern, you are not entitled to RTT, which is intended to compensate for overtime from which you are exempt (Article L. 6343-3)
Can an intern refuse to work in the evenings or on weekends?
TRUE
The Labor Code is clear: interns “are entitled to a day off on Sundays” and are not allowed to work overtime. However, certain professions may, in exceptional cases, require you to work in the evenings, on weekends, or on a holiday. If this is the case, it must be explicitly stated in your internship agreement, and the hours worked must be compensated with time off.
Is an internship always paid?
FALSE
The stipend is payable when the intern’s presence at the host organizationexceeds 2 months, or the equivalent of 44 days (based on 7 hours per day), during the academic year (school or university).
To calculate the intern’s attendance entitling them to remuneration, 1 month corresponds to 22 days of actual attendance, whether consecutive or not, and 7 hours of attendance, whether consecutive or not, count as 1 day.
This means that remuneration is mandatory once the intern has been present at the host organization for 309 hours or more, even if not continuously.
This stipend is not considered a salary within the meaning of Article L. 3221-3 of the Labor Code. (Article L612-11 of the Education Code).
Stipend calculation simulator.
You must receive hourly pay of at least 13.75% of the Social Security hourly ceiling per hour worked (applicable from December 1, 2014, to August 31, 2015). This hourly ceiling will be 15% of the Social Security ceiling per hour worked effective September 1, 2015.
This rate corresponds to the threshold up to which the company is exempt from payroll taxes.
There is no upper limit on this stipend. Some employers decide, particularly for Master’s 2 internships, to pay higher stipends…just another way to attract the best talent!
If you decide to end your internship before the scheduled date or if the company terminates it, this amount will be calculated on a pro-rata basis based on the number of days actually worked. Finally, please note that as an intern, you are not entitled to a 13th-month bonus, profit-sharing, or incentive pay.
Is the reimbursement of transportation costs deducted from the minimum internship stipend?
FALSE
As provided for in Article L124-13 of the Education Code, the intern is entitled to reimbursement of transportation costs as provided for in Article L. 3261-2 of the Labor Code, under the same conditions as employees of the host organization
Keep in mind that these contributions from the company are in addition to the minimum stipend paid to you for any internship lasting more than two months, and under no circumstances should they be deducted from it!
Does the intern have access to the cafeteria?
TRUE
As provided for in Article L. 124-13 of the Education Code, the intern has access to the company cafeteria or meal vouchers as provided for in Article L. 3262-1 of the Labor Code, under the same conditions as the employees of the host organization. They are also entitled to reimbursement of transportation costs as provided for in Article L. 3261-2 of the same Code
Is the intern entitled to time off?
TRUE
If the internship duration is met, and if the internship lasts more than 2 months, it is possible to negotiate time off before signing the internship agreement (or afterward, which will require an amendment to the agreement).
The company is not required to pay the intern for days of time off.
“Art. L. 124-13.—In the event of pregnancy, paternity, or adoption, the intern is entitled to leave and authorized absences of a duration equivalent to those provided for employees underArticles L. 1225-16 through L. 1225-28,L. 1225-35,L.1225-37,andL. 1225-46 ofthe Labor Code.
For internships and periods of on-the-job training lasting more than two months and within the maximum duration provided for in Article L. 124-5 of this Code, the internship agreement must provide for the possibility of leave and authorized absences for the intern during the period of on-the-job training or the internship.
In agreement with the host organization and the institution, the student may be absent during their internship to take an exam. They must then submit a request for leave of absence to take an exam.
Does the intern not have access to the works council?
FALSE
Interns have access to the organization’s social and cultural activities under the same conditions as employees
The law of July 28, 2011, grants interns the same access to the works council’s social and cultural benefits as the company’s employees.
Is the bonus tax-free?
TRUE
In a decision handed down on Wednesday, February 10, 2016, the Council of State reminded the tax authorities that the Act of July 10, 2014, on internships and the improvement of the status of interns provides that stipends paid to students who complete a corporate internship as part of their studies are exempt from income tax.
The exemption applies to stipends paid on or after July 12, 2014, regardless of the date the internship agreement was signed.
Consequently, for internships completed in 2015, students will be exempt from reporting the amount of stipends received up to €17,490 per year. This rule applies whether they file their own tax return or are part of their parents’ tax household.
Those who reported in 2015 the stipends received in 2014 may request a refund of the overpayment by contacting the tax authorities before December 31, 2017.
Does an intern always have a supervisor?
TRUE
The host organization appoints a mentor responsible for welcoming and supporting the intern. The mentor ensures compliance with the educational provisions of the agreement (Art. L124-9 of the Education Code)
If there’s a problem, does the intern have anyone to turn to?
FALSE
What should you do when you receive harsh emails from your supervisor, inappropriate advances from a colleague, or feel like you’re the last one at the office every night because of an excessive workload?
First, no matter what the problem is, it’s best to try to talk it over directly with your supervisor, calmly bringing up the issues that concern you.
Share your concerns
In most cases, a conversation with your supervisor or the team is enough to resolve the issue. If tensions do not ease through face-to-face discussion, it is perfectly acceptable to inform your supervisor in writing about any difficulties you are experiencing. In any case, keep all emails.
If the situation escalates, don’t hesitate to notify (preferably in writing) the academic advisors at your educational institution.
And if you feel that the company is definitely not fulfilling its obligations, it is worth notifying the labor inspectorate. It has the authority to document violations of labor law, particularly by issuing official reports. In doing so, it can encourage the company to rectify the intern’s situation, but it does not have the authority to resolve the dispute.
The courts as a last resort
If that is not enough, you will have no choice but to take legal action. Several options are available, depending on the nature of the problem:
+ In the event of a dispute regarding a provision of the internship agreement—primarily the refusal to pay your stipend—you must file a claim in civil court. For disputes under €4,000, contact the magistrate’s court; for amounts between €4,000 and €10,000, the district court; and for amounts above that, the regional court.
+ To have your employment contract reclassified as a permanent contract (CDI), only the labor court has jurisdiction.
+ Finally, in cases of harassment (psychological or sexual), which falls under criminal law, you may also file a complaint with the police. Note that the law on sexual harassment explicitly includes interns within its scope of protection.
In these last two cases (reclassification and harassment), which are particularly sensitive, seek legal advice before taking any action! If necessary, consider applying for legal aid or even the legal protection coverage you may be eligible for through one of your insurance policies.
Does an intern have to meet certain goals?
FALSE
Since learning also involves hands-on practice, you may be assigned tasks. However, under no circumstances should these tasks be subject to performance targets.
An internship is a training period, not a job!
If an intern becomes ill, are they not entitled to any sick pay?
IT ALL DEPENDS ON THE AMOUNT OF YOUR INTERNSHIP STIPEND
Under the principle of non-discrimination, interns are, of course, entitled to take sick leave if they are ill. Regardless of the amount of your stipend, you are entitled to reimbursement for medical care in the event of illness. Similarly, you are covered in the event of a work-related accident or occupational illness, effective from the first day of your internship.
Are there benefits in case of illness?
Is the receipt of daily benefits in the event of sick leave reserved for interns who receive a minimum stipend, provided they meet the eligibility requirements applicable to employees (number of hours worked, amount of contributions, etc.)?
“In other words, there’s little chance of being covered, unless you get sick at the end of a sufficiently long internship—and even then, the amounts will be negligible,” notes Carole Lecocq, an attorney in Bordeaux. “However, nothing prevents the host company from continuing to pay your stipend while you’re sick, especially if it’s the minimum stipend.”
High-risk internships, enhanced training
Regarding safety, you should also know that if you’re assigned to positions posing specific health or safety risks, your employer is required to provide you with enhanced training. If this isn’t the case and a workplace accident occurs during your internship, they will inevitably be held liable!
What about coverage for an internship abroad?
French social security legislation applies to corporate internships conducted in European countries. Simply contact your health insurance provider to obtain a European Health Insurance Card (EHIC), regardless of the amount of the stipend paid.
Outside of Europe, your French coverage for workplace accidents and occupational illnesses remains in effect for up to 12 months if your stipend is €3.60 or less per hour. Otherwise, verify that the host country has a similar protection system in place and that the host organization pays the corresponding contributions.
Can't you quit an internship?
FALSE
A quick semantic clarification: “Since an intern does not have an employment contract, they cannot ‘resign’ from an internship. It is more accurate to refer to an ‘interruption’ of the internship.”
However, by signing your internship agreement, you commit to the host organization to complete a specified period. By interrupting it before the scheduled date, you are therefore in breach of contract with the company.
Similarly, unless there is proven misconduct, the company does not have the right to unilaterally terminate your internship. However, the internship agreement may be terminated early by mutual agreement (for example, if the intern is hired on a fixed-term or permanent contract).
Can an internship be converted into a permanent contract?
TRUE
If you can prove in labor court that your internship is actually a disguised employment contract, your internship will be reclassified as a permanent contract (CDI). You must demonstrate that the host organization derives genuine benefit from your presence and that you are performing actual work, particularly if your position is currently or has previously been filled by an employee who is on leave or has been terminated.
If your internship is reclassified as a permanent contract, you will receive the salary you would have earned as an employee, as well as the corresponding paid time off. You may also challenge the termination of the contract (the internship in this case), which is necessarily considered wrongful…
Is the duration of the internship deducted from the probationary period if the employee is hired?
TRUE
If you are hired by the company under a fixed-term contract (CDD) or a permanent contract (CDI) within 3 months of the end of your teaching internship (completed during your final year of study), the duration of the internship is deducted from your probationary period. This deduction is applied in full if you are hired for a position corresponding to the duties you performed during your internship, and up to half otherwise (unless a collective agreement provides for more favorable terms).
Similarly, the duration of an internship lasting more than 2 months is taken into account for the accrual and calculation of seniority-based rights.