One of the most common doubts of who hires an internship employee is: Is this student in professional learning entitled to recesses or holidays? Check it out now.
The Internship Agreement and applicable standards
The intern is a student who is in a period of professional practice within a company. Thus, the internship contract is a different type of contract from the CLT, with distinct rules and laws.
Thus, the contractor must be studying in an institution recognized by the MEC.
The Law no 11.788/2008 is the one that governs the internship contract in Brazil and the rights of this professional.
Traineeship X Young Apprentice
It is common to have the confusion between the rules governing the young apprentice and the intern, since they are different modalities of the regular worker CLT.
However, the work of the young apprentice is regulated by Law No. 10,097/2000 (Lei da Apprenticeship) and Decree No. 9.579/2018 and therefore has different rules of the internship regime.
It is important to note that the internship does not constitute an employment bond because it is considered an educational supplementation activity, while the young apprentice has a work contract that establishes special employment bond.
Differences between Vacation and Recess
According to labor law, holidays are a paid periodic rest in which the worker receives his normal remuneration plus an additional 1/3 of the salary.
The recess, in general, does not presuppose any addition beyond the monthly amount agreed in the contract.
What does internship legislation say about pausing activities?
Please note below Art. 13 of the Act of Internship:
It is therefore possible to say that the intern is entitled to a recess paid in the period of 30 days. Thus, it does not affect this professional the increase of one-third of the holiday.
The doubt about this occurs because colloquially we call “feasts” the rest period of the activities for several days, but the correct word for the stage is recessed.
The rest must be proportional
What does that mean?
Simple, if the intern worked for less than a year in the company, he must be paid for the proportional period to which he is entitled.
Thus, if the intern worked for 6 months, he will be entitled to a remuneration for rest within 15 days and so on.
Can the Internship Recess be anticipated?
The answer is YES, but if, by chance, the company’s policy is to provide 15 days recess per semester worked, coinciding with the contractor’s school holidays, this agreement will be valid.
For cases of the contractor adopting the collective holiday regime, the holiday days that were anticipated must be discounted at the end of the contract. The same happens in the case of the intern ask for anticipation.
Did you like to know this information and are you looking for internship? Check out the crucial recommendations here when you set up a resume.
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