Traineeships can make a valuable contribution to providing young people with work experience opportunities and support a successful career start. However, many young people who complete traineeships are being exploited. A Council recommendation on a quality framework for traineeships had been adopted as early as 2014. In June 2023, the EU Parliament asked the EU Commission to propose a directive and to revise the Council recommendation. The EU Commission complied with this request in March 2024.

Content of the proposals
The EU Commission's proposal for a Traineeships directive aims to improve and enforce the working conditions of trainees and to combat regular employment relationships disguised as traineeships. Trainees should be treated and paid the same as comparable workers in the same establishment. However, exceptions are provided for, for example, where trainees have less responsibility or where the focus is on learning or training. The proposal also stipulates that member states must take measures to prevent bogus traineeships and implement the rules on quality and control of traineeships. Employee representatives should be able to represent and enforce the rights of trainees. However, the rules of the directive only apply to trainees who have an employment contract or are in an employment relationship under national law, taking into account ECJ case law.

In addition to the proposed directive, the EU Commission has put forward a proposal to revise the Council recommendation. The (legally non-binding) Council recommendation would apply to all trainees regardless of their employment status. Among other, the proposal includes a recommendation on fair pay for trainees.

Current status
At the meeting of  the Employment, Social Policy, Health and Consumer Affairs (EPSCO) Council on 2 December 2024, it became clear that several member states prefer an unambitious directive, but in the end no position (general approach) was adopted. Negotiations will continue under the Polish Council Presidency. The Committee on Employment and Social Affairs (EMPL) is responsible for the file in the EU Parliament. Negotiations will start soon and the vote is scheduled for June 2025.

AK calls for improvements
AK welcomes the intention to create better working conditions for trainees. However, from AK’s point of view, it is doubtful whether this goal can be achieved with the planned directive. Tea Jarc, European Trade Union Confederation (ETUC) Confederal Secretary, describes the problem as follows: “Unpaid traineeships mean bright young people from working class backgrounds are locked out of many careers because they can’t afford to work for free. It is a deeply exploitative practice that embeds social inequality.” The proposed directive does not explicitly prohibit unpaid traineeships. This means that one of the core problems in the area of traineeships remains unresolved. The proposed exceptions to the principle of non-discrimination create loopholes that would allow employers to continue treating trainees as cheap or even free labour.

Traineeships are generally employment relationships
From AK’s point of view, it is important to note that traineeships are generally employment relationships. There is a risk that the directive will not provide any real added value for trainees and may even result in a worse situation in Austria and other countries. The Council and the EU Parliament must improve this. It must be made clear that traineeships are, in case of doubt, employment relationships to which the relevant labour and social law, including collective agreements, apply. Trainees must, with very limited exceptions in which no work is performed (referred to as “volunteering” in Austria), be paid appropriately. The creation of a “second-class labour law” must be prevented and trainees must not be put in a less favourable position.

Further information:
AK EUROPA: Improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (“Traineeships Directive”)
ETUC: Traineeship Package
European Youth Forum: Two steps forward, one step back