Frequently asked questions [STAGE]

Do I need to draw up an agreement for a school internship?

Yes, but you don't have to enter the agreement in the application, you have to download this form.

Other situations where the agreement is not entered in the application:
=> Project agreement
=> Internship as part of a gap year


In such cases, please contact the internship department.

Can't I do an internship outside the curriculum?

TRUE
Article L124-1 of the French Education Code
Periods of on-the-job training and internships correspond to temporary periods of practical experience in a professional environment, during which pupils or students acquire professional skills and apply the knowledge they have acquired through their training, with a view to obtaining a diploma or certification and facilitating their integration into the world of work.

Is it possible to do an internship without an agreement?

FALSE
Internships are subject to a tripartite agreement between the intern, the educational establishment and the host company (private companies, associations, public companies or public industrial and commercial establishments).
The internship agreement binds the signatories. For the trainee, it means respecting attendance schedules at the host company and carrying out a series of tasks, in exchange for training and remuneration.

What information must appear on the agreement?

The internship agreement, theoretically drawn up by the university in consultation with the host company, governs the terms and conditions of the internship. In accordance withDecree no. 2014-1420 of 30/11/2014(art. D124-4), you must include the following compulsory information:

- The full title of the trainee's course or training program and its hourly volume per teaching year or semester, as appropriate
- The name of the referent teacher at the educational establishment and the name of the tutor at the host organization
- The skills to be acquired or developed during the period of on-the-job training or internship
- The activities entrusted to the trainee in line with the training objectives and skills to be acquired as defined in point 3 and validated by the host organization
- The start and end dates of the period of on-the-job training or internship, and the total planned duration, calculated in accordance with article D. 124-6
- The length of the trainee's working week at the host company, and any nights, Sundays or public holidays, in accordance with article L. 124-14
- The conditions under which the teacher at the educational establishment and the tutor in the host organization supervise and monitor the trainee
- The amount of the bonus paid to the trainee and the terms of payment, where applicable
- The social protection scheme from which the trainee benefits, including protection in the event of an industrial accident, and, where applicable, the requirement for the trainee to provide proof of civil liability insurance
- The conditions under which the trainee is authorized to take time off work, in particular in the context of obligations attested by the educational establishment and the leave and authorization of absence mentioned in article L. 124-13
- Procedures for suspending and terminating the internship agreement
- Procedures for validating the internship or on-the-job training period in the event of interruption, in accordance with article L. 124-15
- A list of benefits offered by the host organization to the intern, in particular access to the company restaurant or meal vouchers provided for under article L. 3262-1 of the French Labor Code and the reimbursement of transport 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 French Labor Code
- The clauses of the host organization's internal regulations applicable to the intern, where applicable
- The conditions for issuing the internship certificate provided for in article D. 124-9. "The internship agreement may be amended, particularly in the event of postponement or suspension of the on-the-job training period.

Does repeated use of trainees constitute abuse?

NOT NECESSARILY...Successive internships, under different internship agreements, in the same position are only possible after the expiry of a waiting period equal to one third of the duration of the previous internship(art. L124-11codede l'éducation)The offence lies more in the nature of the internship than in the repetition. The French Education Code defines a number of specific situations in which a host organization is not entitled to use an intern:- to replace an employee who is absent, dismissed or whose contract has been suspended- to carry out "a regular task corresponding to a permanent position in 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(s) of internship(s) or training period(s) in a professional environment carried out by the same trainee in the same host organization may not exceed six months per teaching year.
NOTE:In accordance with VI of Article 1 of Law no. 2014-788 of July 10, 2014, a decree sets the list of training courses for which the duration of the internship or period of on-the-job training provided for in Article L. 124-5 of the Education Code may be waived for a transition period of two years from July 10, 2014."

Article L124-5 of theEducation Code

ATTENTION!!! An internship cannot go beyond August 31, the end of the academic year.

Can't an intern work more than 35 hours a week?

TRUE
An intern may not exceed the legal working hours set by the French Labor Code at 35 hours a week(article L. 3121-10) and 10 hours a day(article L. 3121-34), unless otherwise specified by decree. These provisions, which are specified in the internship agreement in the same way as the working hours, apply to all hours actually worked or present in the workplace(article L. 6343-2).
No RTT: Please note that, as an intern, you are not entitled to RTT, which is supposed to compensate you for overtime from which you are exempt(article L. 6343-3).

Can a trainee refuse to work evenings or weekends?

TRUE
The French Labor Code is clear: interns "benefit from Sunday rest" and are not entitled to work overtime. However, certain professions may exceptionally require your presence in the evenings, at weekends or on public holidays. If this is the case, it must be stated in black and white in your internship agreement, and the hours worked must be compensated.

Does an internship have to be paid?

FALSE
Gratuity is payable when the trainee's presence in the host organization exceeds2 months, i.e. the equivalent of 44 days (based on 7 hours per day), during the school or university year.
For the purpose of calculating the trainee's presence, giving entitlement to gratuity, 1 month corresponds to an effective presence of 22 days, consecutive or otherwise, and 7 hours of presence, consecutive or otherwise, count as 1 day.
This means that gratification is compulsory from the 309th hour onwards, even on a non-continuous basis.
This gratification does not constitute a salary within the meaning of Article L. 3221-3 of the French Labor Code. (Article L612-11 of the French Education Code).
Simulateur de calcul de la gratification.
You must receive hourly remuneration at least equal to 13.75% of the hourly Social Security ceiling, per hour of presence (applicable from December 01, 2014 to August 31, 2015). This hourly ceiling will be 15% of the Social Security ceiling per hour of presence from September 1, 2015.

This rate corresponds to the threshold up to which the company is exempt from social security contributions.
There is no upper limit to this bonus. Some employers decide, particularly for Master 2 internships, to pay higher compensation... just another way of attracting the best people!

If you decide to interrupt your internship early, or if the company terminates it, this sum will be calculated on a pro rata basis according to the number of days actually worked. Finally, you should be aware that as an intern, you receive no 13th month, profit-sharing or incentive payments.

Is the reimbursement of travel expenses deducted from the minimum internship allowance?

FALSE
As stipulated in article L124-13 of the French Education Code, interns are entitled to reimbursement of transport costs, as provided for in article L. 3261-2 of the French Labor Code, under the same conditions as employees of the host organization
Keep in mind that these company contributions are in addition to, and in no way detract from, the minimum gratuity paid to you for any internship of more than 2 months!

Does the trainee have access to the canteen?

TRUE
As stipulated in article L124-13 of the French Education Code, trainees have access to the company restaurant or meal vouchers provided for in article L. 3262-1 of the French Labor Code, under the same conditions as employees of the host organization. They are also entitled to the reimbursement of transport costs provided for in article L. 3261-2 of the same code.

Can the trainee benefit from time off?

TRUE
If the duration of the internship is respected, and if the internship lasts more than 2 months, it is possible to negotiate before the signing of the internship agreement (or after, which will give rise to the creation of an endorsement) to obtain time off.
The company is not obliged to pay for the intern's time off.
" Art. L. 124-13 -In the event of pregnancy, paternity or adoption, trainees are entitled to leave and time off equivalent to that provided for employees under articles L.1225-16 to L. 1225-28,L. 1225-35,L. 1225-37 and L.1225-46 of the FrenchLabor Code.
For internships and periods of on-the-job training lasting more than two months, and up to the maximum duration provided for under article L. 124-5 of the present code, the internship agreement must provide for the possibility of leave and leave of absence for the benefit of the intern during the period of on-the-job training or the internship.
In agreement with the host organization and the establishment, the student may be absent during the internship to sit an examination. In this case, the student must apply for authorization to take an exam.

Doesn't the trainee have access to the works council?

FALSE
Trainees have access to the organization's social and cultural activities under the same conditions as employees
The law of July 28, 2011 makestrainees beneficiaries of the CE's social and cultural activities, in the same way as company employees.

Is the bonus tax-free?

TRUE
In a decision handed down on Wednesday, February 10, 2016, the Conseil d'Etat reminds the tax authorities that the July 10, 2014 law on internships and improving the status of interns provides that gratuities paid to students who complete an internship in a company as part of their studies are exempt from income tax.
The exemption applies to bonuses paid on or after July 12, 2014, irrespective of the date of signature of the internship agreement.
Consequently, for internships completed in 2015, students will be exempt from declaring the amount of bonuses received up to an annual maximum of 17,490 euros. This rule applies whether they file their own declaration or are attached to their parents' tax household.
Those who had declared in 2015 gratuities received in 2014 can request reimbursement of the undue amount by contacting the tax authorities before December 31, 2017.

Does the trainee necessarily have a supervisor?

TRUE
The host organization appoints a tutor to welcome and support the trainee. The tutor is responsible for ensuring compliance with the educational stipulations of the agreement(art. L124-9 of the French Education Code).

In the event of a problem, the trainee has no one to turn to?

FALSE
What do you do when you receive harsh e-mails from your manager, inappropriate proposals from a colleague, or feel like you're the last one in the office every night because you're overworked?
Whatever the problem, it's best to start by discussing it directly with your training supervisor, calmly setting out the points of concern.

Share your difficulties
In most cases, a conversation with the N+1 or the team is enough to defuse the problem. If tensions don't ease in person, it's a good idea to inform your supervisor in writing of any difficulties you've encountered. In all cases, keep the e-mails.
If things get out of hand, don't hesitate to let your educational institution's supervisors know (preferably in writing).
And if you feel that the company is definitely not meeting its obligations, it's a good idea to notify the labor inspectorate. The inspectorate has the power to record breaches of employment law, notably by issuing official reports. In so doing, it can encourage the company to regularize the trainee's situation, but it does not have the power to settle the dispute.
Legal action as a last resort
If that's not enough, you'll have no choice but to take the matter to court. There are several possible solutions, depending on the type of problem:
+ In the event of a dispute concerning a point in the internship agreement, essentially the refusal to pay you your gratuity, you must bring the matter before a civil court. For disputes of less than €4,000, go to the local magistrate, between €4,000 and €10,000 to the district court, and above that to the district court.
+ If you wish to have your employment contract reclassified as a permanent contract, only the industrial tribunal (Conseil de prudhommes) has jurisdiction.
+ Finally, in the event of harassment (moral or sexual), which comes under criminal law, you can also lodge a complaint with the police. Note that the law on sexual harassment explicitly includes interns within the scope of protection.

In the last two cases (requalification and harassment), which are particularly delicate, you should seek legal advice before taking any action! You may also wish to take advantage of legal aid, or the legal protection offered by your insurance company.

Does a trainee have to meet objectives?

FALSE
Because learning also involves practice, you may be given assignments. But under no circumstances should they be subject to objectives.
The internship is a training period, not a job!

In the event of illness, the trainee is not entitled to a daily allowance?

EVERYTHING DEPENDS ON THE AMOUNT OF YOUR INTERNSHIP COMPENSATION
Under the principle of non-discrimination, interns naturally have the right to take time off work if they are ill. Whatever the amount of your bonus, you will be reimbursed in the event of illness. Likewise, you are covered in the event of an accident at work or occupational illness, from the very first day of your internship.
Benefits in the event of illness?
Daily sickness benefits are only available to interns who receive a minimum bonus, provided they meet the conditions for entitlement applicable to employees (number of hours worked, amount of contributions, etc.).
"In other words, there's little chance of being covered, unless you fall ill at the end of a sufficiently long internship, and even then... the sums will be derisory," notes Bordeaux lawyer Carole Lecocq. "However, there's nothing to prevent the host company from continuing to pay you your allowance while you're ill, especially if it's the minimum bonus.
High-risk internships, reinforced training
On the subject of safety, you should also know that if you are assigned to a position involving particular health or safety risks, your employer is obliged to provide you with reinforced training. If this is not the case, and a workplace accident occurs during your internship, your employer will inevitably be held responsible!
What about protection for an internship abroad?
French social security legislation applies to internships in European countries. All you need to do is contact your local health insurance office to obtain a European Health Insurance Card (EHIC), regardless of the amount of bonus you receive.
Outside Europe, your French workplace accident and occupational illness coverage is maintained for a maximum of 12 months if your compensation is less than or equal to €3.6/hour. If this is not the case, check that the host country has a similar system, and that the host organization pays the corresponding contributions.

Can't I resign from an internship?

FALSE
A small semantic clarification: "Insofar as they do not have an employment contract, interns cannot resign from an internship. The term "interruption" of an internship is more commonly used.
But by signing your internship agreement, you commit yourself to the host organization for a given period. If you interrupt your internship before the agreed date, you will be at fault with the company.
Similarly, unless you are found to be at fault, the company does not have the right to unilaterally terminate your internship. On the other hand, the internship agreement can be terminated early by mutual agreement (for example, if the intern is hired on a fixed-term or open-ended contract).

Can an internship be converted into a permanent contract?

TRUE
If you can prove to the industrial tribunal that your internship is in fact a disguised employment contract, your internship will be requalified as a permanent contract. You must demonstrate that the host organization is making a real profit from your presence and that you are providing a real service, particularly if your position is usually held by an employee who is on leave or has been made redundant.
If your internship is requalified as a permanent employment contract, you will be paid the salary you would have received as an employee, plus the corresponding vacation pay. You will also be able to challenge the breach of contract (in this case, the internship), which is inevitably considered unfair...

Is the duration of the internship deducted from the probation period in the event of hiring?

TRUE
If you are hired by the company on a fixed-term contract (CDD) or open-ended contract (CDI) within 3 months of the end of your internship (and carried out during your final year of studies), its duration is deducted from your trial period. This deduction is made in full if you are recruited for a position corresponding to the activities you performed during your internship, and for a maximum of half the duration of your internship otherwise (unless a collective agreement provides for more favorable provisions).
Similarly, the duration of an internship exceeding 2 months is taken into account for the opening and calculation of seniority rights.