What changed between the draft committee report and the plenary report

Removed:Recital 4 a (new): (4a) At Union level, existing legislative acts, including Directives 89/391/EEC1e, 2002/14/EC1b, 2003/88/EC1c, 2008/104/EC1d, (EU) 2018/9571e, , (EU) 2019/11521f, (EU) 2019/11581g and (EU) 2022/20411h of the European Parliament and of the Council, and Council Directives 97/81/EC1i, 1999/70/EC1j, 2000/78/EC 1kprovide a framework for the protection of workers. / 1a Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.06.1989, p. 1). / 1b Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community - Joint declaration of the European Parliament, the Council and the Commission on employee representation (OJ L 80, 23.3.2002, p. 29). / 1c Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). / 1d Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9). / 1e Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16). / 1f Directive (EU) 2019/1152 of the European Parliament and of the Council …

Added:Recital 4: (4) Labour and skills shortages exist in a number of occupations and are expected to increase with the projected decline in the working age population and increasing demand for numerous sectors and occupations relevant for the green and digital transition and other emerging sectors. As highlighted by the Draghi and Letta reports, lack of investment in skills will only exacerbate these shortages. Quality traineeships are a useful opportunity for people making the transition from education to employment to acquire practical skills on the job to enter the labour market.

Removed:Recital 4 b (new): (4b) The Strategy for the Rights of Persons with Disabilities 2021-2030 aims to ensure full participation of persons with disabilities in society, on an equal basis with others in the Union and beyond. Within that strategy, the Commission commits to ensuring that persons with disabilities can take part in training and in learning new skills as a fundamental requisite for employment and independence.

Added:Recital 5: (5) Traineeships aim to help young people gain practical and professional experience, to facilitate their transition from education to standard employment and access to a profession. The purpose of a traineeship is to combine a short period of entry-level work with a significant learning and training component. As such, traineeships can constitute an important pathway to enter the labour market. For traineeships providers, traineeships provide opportunities to attract, train and retain young people, identify emerging talent and reduce the cost of searching for and recruiting skilled staff, when trainees are offered standard employment after their traineeship. However, this can only be achieved if traineeships are regulated to ensure quality, decent and transparent working conditions, and a significant learning and training content.

Removed:Recital 4 c (new): (4c) In 2022, the Conference on the Future of Europe put forward a proposal on ensuring that young people’s internships and jobs adhere to quality standards, including on pay and banning unpaid internships on the labour market and outside formal education.

Added:Recital 6: (6) Challenges persist regarding the problematic use of traineeships, including when traineeships are of poor quality with substandard working conditions, including no or low remuneration, indeterminate duration, repeated with the same traineeship provider or require previous work experience or where traineeships are used to disguise standard employment relationships, depriving those workers of such employment relationships and their full rights under Union law, national law and collective agreements risking to trap them in precarious working conditions. In other cases, traineeship providers of ‘genuine’ trainees may not comply with all requirements stemming from Union law, national law, collective agreements or practice, depriving them of their full rights.

Removed:Recital 5: (5) Traineeships aim to help young people gain practical and professional experience, to facilitate their transition from education to stable employment and access to a profession. The purpose of a traineeship is to combine a short period of entry-level work with a significant training experience. As such, traineeships can constitute an important pathway to the labour market.

Added:Recital 7: (7) The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, risk leading to practices that circumvent the purpose of traineeships. The lack of official statistics on traineeships also hampers the assessment of their quality and effectiveness. The European Court of Auditors has identified challenges related to the varying definition of traineeships, inconsistent application of the 2014 Council Recommendation on quality traineeships in the Member States, and limited reliable data, which may hinder evidence-based policymaking and create variations in opportunities and accessibility for young people from different social backgrounds. These gaps contribute to the vulnerability of trainees, who often find themselves unable to defend their rights due to their vulnerable position in the labour market.

Removed:Recital 5 a (new): (5a) For employers, traineeships provide opportunities to attract, train and retain young people. They can reduce the cost of searching for and recruiting skilled staff, when trainees are offered stable employment after their traineeship. However, this can only be achieved if traineeships are regulated.

Added:Recital 7a (new): (7a) Complications also arise due to the broad and informal categorisation of traineeships. Traineeships can be understood to include traineeships which are accessible on the open market; traineeships which are regulated under national law and the completion of which is a mandatory requirement to access a specific profession; traineeships in the context of active labour market policies; and traineeships which are part of curricula for formal education. Only some of these are regulated or partly regulated in some Member States. Although the Union has established a policy framework for traineeships since 2013, the 2014 Council Recommendation on a Quality Framework for Traineeships is non-binding, and as a result, not all Member States have aligned their legal frameworks with that recommendation.

Removed:Recital 6: deleted

Added:Recital 7b (new): (7b) Unpaid or poorly paid traineeships are particularly difficult to access by young people from vulnerable backgrounds and this results in direct or indirect discrimination on grounds such as age, sex, race, colour, ethnic and social origin, disability and others. The European Parliament has repeatedly condemned the practice of unpaid traineeships as a form of exploitation of young workers and a violation of their rights and has called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices.

Removed:Recital 7: (7) The absence, complexity or diversity of regulatory frameworks for traineeships in various Member States alongside an insufficient enforcement of national legislation and the lack of capacity for controls and inspections, as well as a lack of clarity regarding the authority responsible for control and enforcement, risk leading to abusive practices arising from the use of traineeships.

Added:Recital 8: (8) Evidence shows that a significant proportion of trainees are subject to less favourable working conditions compared to other employees, including regarding working hours, leave entitlements, access to equipment and, in particular, pay. The lack of opportunities to access quality employment, including quality traineeships, contributes to the emigration of young people in search of better working and living conditions in other Member States, exacerbating the brain drain in certain parts of the Union and regional imbalances. Ensuring decent working conditions, in particular adequate pay, for trainees is therefore essential to retain and develop talent across all territories and to uphold the right of young people to build their lives and careers in their region of origin, thereby strengthening social, economic and territorial cohesion in the Union.

Removed:Recital 7 a (new): (7a) Complications further arise due to the broad and informal categorisation of traineeships. Traineeships can be understood to include traineeships which are part of curricula for formal education; traineeships which are regulated under national law and the completion of which is a mandatory requirement to access a specific profession; open market traineeships; and traineeships in the context of active labour market policies. Some types of traineeships are regulated or partly regulated in Member States, whereas others are not.

Added:Recital 10: (10) In 2022, the Conference on the Future of Europe put forward a proposal on ensuring that young people’s internships and jobs adhere to quality standards, including on pay and banning unpaid internships on the labour market and outside formal education.

Removed:Recital 7 b (new): (7b) Without regulatory frameworks, socio-economic costs arise if traineeships, particularly repeated ones, are allowed to replace stable employment, in particular entry-level positions that are usually offered to trainees.

Added:Recital 11: (11) In June 2023, the European Parliament adopted a resolution pursuant to Article 225 TFEU with recommendations to the Commission on quality traineeships. In its resolution, it called on the Commission “to update and strengthen the 2014 QFT and to turn it into a stronger legislative instrument”. It further called on the Commission to include additional principles in an updated quality framework for traineeships. Specifically, the European Parliament called for the Commission to “propose a directive on open labour market traineeships, traineeships in the context of active labour market policies and traineeships that are a mandatory part of professional training, in order to ensure minimum quality standards, including rules on the duration of the traineeships, access to social protection in accordance with national law and practice as well as pay that ensures a decent standard of living in order to avoid exploitative practices”.

Removed:Recital 7 c (new): (7c) Unpaid or poorly paid traineeships can be particularly exclusionary towards young people without the financial means to complete one. Unpaid or poorly paid traineeships risk directly or indirectly discriminating on the basis of age, sex, race, colour, ethnic and social origin, disability and others. The bifurcation between unpaid and paid traineeships can also lead to discrimination between trainees due to the difference in treatment.

Added:Recital 12: (12) The Commission carried out a two-stage consultation of social partners at Union level under Article 154 TFEU on the need, objectives and legal avenues for a potential action further improving the quality and accessibility of traineeships. There was no agreement among the social partners to enter into negotiations with regard to those matters. It is, however, important to take action at Union level in this area by adapting the current framework on traineeships while taking into account the outcomes of the consultation of social partners.

Removed:Recital 7 d (new): (7d) The European Parliament has repeatedly condemned the practice of unpaid traineeships as a form of exploitation of young workers and a violation of their rights and has called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices1m. / 1m European Parliament resolution of 17 February 2022 on empowering European youth: post-pandemic employment and social recovery (OJ C 342, 6.9.2022, p. 265); European Parliament resolution of 14 June 2023 with recommendations to the Commission on quality traineeships in the Union (2020/2005(INL)).

Added:Recital 14 a (new): (14a) In its case law, the Court of Justice has established criteria for determining the status of a worker. The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive.

Removed:Recital 8: deleted

Added:Recital 14 b (new): (14b) Direction, personal service, and the pursuit of activities, which are real and genuine, to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, are essential elements of the definition of an employment relationship in the case-law of the Court of Justice.

Removed:Recital 9: deleted / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Added:Recital 14 c (new): (14c) The Court of Justice has repeatedly held1a that the concept of worker, within the meaning of Article 45 TFEU ‘extends to a person who serves a traineeship’. The case-law of the Court of Justice has applied the employment nexus to the four types of traineeships: those which are accessible on the open market, those which are mandatory for the purpose of gaining access to a profession, those that are associated with active labour market policies and those that are part of an academic or vocational qualification. / 1a. See, for example, the judgment of the Court of Justice of 10 February 2022, XXXX v HR Rail SA, Case C-485/20, ECLI identifier: ECLI:EU:C:2022:85, paragraph 31.

Removed:Recital 10: deleted / (deleted)

Added:Recital 15: (15) Considering the persisting practices that circumvent the purpose of traineeships in the Union, further action is needed to improve the working conditions of trainees, the quality and accessibility of traineeships, to detect and combat disguised employment relationships, and to ensure that the relevant Union and national law applicable to workers is fully implemented and enforced in relation to trainees.

Removed:Recital 11: (11) In June 2023, the European Parliament adopted a resolution pursuant to Article 225 TFEU with recommendations to the Commission on quality traineeships20. In its resolution, it called on the Commission “to update and strengthen the 2014 QFT and to turn it into a stronger legislative instrument”.

Added:Recital 15 a (new): (15a) The Union and the Member States are party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), Article 27 of which requires ensuring access for persons with disabilities to general technical and vocational training, and promoting their participation in the open labour market. The Strategy for the Rights of Persons with Disabilities 2021–2030 aims to ensure the full participation of persons with disabilities in society, on an equal basis with others, including through access to training and reskilling as a fundamental requisite for employment and independence. Barriers to accessing high-quality traineeships might also arise, from the automatic loss of disability allowance to lack of reasonable accommodation and financial support, which may also discourage employers. Ensuring equal and non-discriminatory access to traineeships is essential, particularly in light of digitalisation, automation and the development of new technologies, and in view of the fact that approximately 26,8% of Union citizens aged 16 and above report some form of disability.

Removed:Recital 14 a (new): (14a) In its case law, the Court of Justice has established criteria for determining the status of a worker. The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive1n. / 1n Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; and 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883.

Added:Recital 16: (16) This Directive lays down a common definition of traineeships and establishes a framework for principles and measures to improve and enforce the working conditions of trainees by providing for quality , transparent and accessible traineeships that facilitate the transition from education to standard employment and measures to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships.

Removed:Recital 14 b (new): (14b) Direction, personal service, and the pursuit of activities which are real and genuine to the exclusion of activities on such a small scale as to be regarded as purely marginal and ancillary, are essential elements of the definition of an employment relationship in the case-law of the Court of Justice1o. / 1o Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg; Case C-228/07 Jörn Petersen v Landesgeschäftsstelle des Arbeitsmarktservice Niederösterreich [2008] ECR I-06989 para 45.

Added:Recitals 16 a (new)

Removed:Recital 14 c (new): (14c) The Court of Justice has repeatedly held that the concept of ‘worker’, within the meaning of Article 45 TFEU extends to a person who serves a traineeship1a. The case-law of the Court of Justice has applied the employment nexus to the four main types of traineeships: those which are open market1b, mandatory for a profession1c, associated with active labour market policies1d and part of an academic or vocational qualification1e. / 1a Case C-485/20 XXXX v HR Rail SA [2022] ECLI:EU:C:2022:85, para 31. / 1b Case C-485/20 XXXX v HR Rail SA [2022] ECLI:EU:C:2022:85; / 1c Case C-66/85 Deborah Lawrie-Blum v Land Baden-Württemberg [1986] ECR I-02121; Case C-109/04 Karl Robert Kranemann v Land Nordrhein-Westfalen [2005] ECR I-02421. / 1d Case C-229/14 Ender Balkaya v Kiesel Abbruch-und Recycling Technik GmbH [2015] ECLI:EU:C:2015:455 / 1e Case C-344/20 LF v SCRL [2022] ECLI:EU:C:2022:77.

Added:Amendment: (16a) This Directive defines traineeships as comprising a limited period of entry-level work aiming to provide practical and professional skills through significant learning and training to facilitate the transition from education to a standard employment relationship or access a profession, on the basis of a written contract between the trainee and the traineeship provider, which is paid in accordance with national law, collective agreements or practice, and, where applicable with Directive (EU) 2022/2041.

Removed:Recital 15: (15) Considering the persistent abusive practices arising from the use of traineeships in the Union, further action is needed to ensure that the relevant Union and national law applicable to trainees is fully implemented and enforced.

Added:Recitals 16 b (new)

Removed:Recital 16: (16) This Directive lays down a common definition of traineeships and a common framework for preventing abusive practices arising from the use of traineeships for purposes outside of facilitating the transition from education to stable employment or accessing a profession. The Directive therefore regulates the working conditions of the entry-level work undertaken by trainees during the traineeship.

Added:Amendment: (16b) Traineeship providers should provide trainees with access to social protection in accordance with national schemes, including health insurance, unemployment benefits and pension contributions.

Removed:Recital 16 a (new): (16a) This Directive defines traineeships as a limited period of entry-level work aiming to provide practical and professional skills through significant training to facilitate the transition to stable employment or accessing a profession, based on a written contract between the trainee and the traineeship provider, which is paid in accordance with Directive (EU) 2022/2041.

Added:Recitals 16 c (new)

Removed:Recital 17: deleted

Added:Recital 16 f (new): (16f) Trainees should benefit from the same level of health and safety protection as other workers in the same establishment. Taking into account the level of their professional experience and the nature of the tasks assigned, they should be provided with additional safeguards, including tailored information, appropriate supervision and training measures.

Removed:Recital 18: (18) This Directive requires Member States to introduce effective measures to combat abusive practices arising from the use of traineeships for purposes other than facilitating the transition from education to stable employment, with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreements or practice.

Added:Recital 16 g (new): (16g) Traineeship providers should ensure that persons with disabilities have the same traineeship opportunities as others. Member States should take effective measures to remove the obstacles to participation in traineeships. Trainees with disabilities should receive tailored support, including adaptations to physical and digital work environments to accommodate specific needs, flexible training schedules to account for healthrelated requirements, and support from trained mentors or designated disability liaison officers to ensure a successful and inclusive experience. Obstacles to participation in traineeships might also arise, for persons with disabilities, from the automatic loss of disability allowance or entitlement to other services upon undertaking a traineeship. Member States should also provide financial subsidies, using State aid, to employers who take on trainees with disabilities to cover any costs linked to reasonable accommodations.

Removed:Recital 19: deleted

Added:Recital 17: (17) Work-based learning programmes falling under the definition of a traineeship vary significantly across Member States. For the purposes of this Directive, traineeships that are integral to and a mandatory part of the curriculum of formal higher education or vocational education and training and that are undertaken solely for the purpose of obtaining academic or professional credits should be excluded. This Directive should cover open-market traineeships, traineeships in the context of active labour market policies, traineeships that are a mandatory part of professional training, as well as traineeships which are a part of formal education or training but are not integral to or a mandatory part of the curriculum and which are not undertaken solely for the purpose of obtaining academic or professional credits. Apprenticeships, within the meaning of the Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships, should be excluded from the scope of this Directive, given that they are based on a different work-based learning model with distinct objectives and regulatory frameworks at Union and national level.

Removed:Recital 20: deleted

Added:Recital 18: (18) This Directive requires Member States to introduce effective measures to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships , with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreements or practice.

Removed:Recital 21: deleted

Added:Recital 18 a (new): (18a) Member States should implement targeted actions and structural reforms aimed at supporting traineeships. To that end, Member States should develop and enforce measures to prevent practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships, protect labour rights, and foster the creation of quality employment opportunities.

Removed:Recital 22: deleted

Added:Recital 18 b (new): (18b) Member States should encourage workers’ representatives and other relevant legal entities to allocate a designated person within such organisations to serve as a first point of contact for trainees to seek advice on available remedies and support in cases of suspected malpractice, poor working conditions, infringements of their rights or any similar practices. As such, they can provide additional oversight and play an important role in the monitoring and enforcement of this Directive.

Added:Recital 19: (19) Traineeships necessarily entail the establishment of an employment relationship between the trainee and the traineeship provider and can be distinguished from standard employment relationships in that they are limited in time, they include a significant learning and training component and that they are undertaken in order to gain practical and professional experience, with a view to facilitating the transition from education to standard employment or accessing a profession.

Added:Recital 20: (20) The principle of non-discrimination is suitable to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships, such as granting trainees less favourable working conditions or lower pay compared with other workers without appropriate justification, and to ensure the sustainability of traineeships as a pathway to standard employment opportunities. It can also help make traineeships more accessible to groups of workers in a vulnerable situation or who are at risk of being excluded from the labour market.

Added:Recital 21: (21) It is therefore necessary to lay down the principle of non-discrimination for trainees which should apply in addition to Clause 4 of the Annex to the Council Directive 1999/70/EC of 28 June 1999 concerning the framework agreement on fixed-term work concluded by ETUC, UNICE and CEEP, which provides that in respect of employment conditions, fixed-term workers are not to be treated in a less favourable manner than comparable permanent workers solely because they have a fixed-term contract or relation unless different treatment is justified on objective grounds. Trainees are by definition ‘fixed-term workers’ within the meaning of that Directive. Its clause on the principle of non-discrimination, however, does not allow for comparison with other fixed-term workers. Moreover, Clause 2 (2) of the Annex to that Directive allows Member States to exclude certain types of workers from its scope, including initial vocational training relationships and apprenticeship schemes or employment contracts and relationships which have been concluded within the framework of a specific public or publicly supported training, integration and vocational retraining programme. It also fails to recognise the particularly vulnerable position that trainees are in. It is therefore necessary to guarantee that the principle of equal treatment compared to other workers applies to all trainees. Traineeship providers should also inform trainees about vacancies, which become available in their organisation …

Added:Recital 22: (22) Member States should therefore ensure that, in respect of working conditions including pay and social protection, trainees are not treated in a less favourable manner than other workers in the same establishment. The sole fact of being a trainee cannot constitute grounds for less favourable treatment compared to other workers in the same establishment.

Removed:Recital 34: (34) To provide a more effective level of protection of trainees, workers’ representatives should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law either on behalf or in support of one or several trainees.

Added:Recital 33: (33) Trainees should have access to effective and impartial dispute resolution and a right to redress, including adequate compensation. Trainees should be informed at the start of the traineeship about the redress mechanisms for the purpose of exercising their right to redress. Having regard to the fundamental nature of the right to effective legal protection, trainees should continue to enjoy such protection even after the end of the traineeship giving rise to an alleged breach of rights under this Directive and other relevant Union law applicable to workers.

Added:Recital 34: (34) To provide a more effective level of protection of trainees, workers’ representatives should be able to engage in proceedings in order to defend any of the rights and obligations arising from this Directive or from other Union law applicable to workers either on behalf or in support of one or several trainees.

Removed:Article 1 – paragraph 1: This Directive lays down a common definition of traineeships and sets out a framework of principles and measures to improve and enforce the working conditions of trainees and to prevent abusive practices arising from the use of traineeships.

Added:Recital 36a (new): (36a) To ensure the effective monitoring and enforcement of this Directive on Union and national level, Member States should ensure adequate and timely data collection on the quality of traineeships, particularly through establishing effective data collection tools to provide comparative data, while being mindful of unnecessary reporting burden. As such data collection can pose challenges for traineeship providers, in particular micro and small enterprises, financial and practical support should be provided to them in line with the Commission communication of 12 September 2023 on an SME Relief Package.

Removed:Article 2 – paragraph 1 – point a: (a) ‘Traineeship’ means a / (i) limited period of entry-level work aiming to provide practical and professional skills through significant training, with a view to facilitating the transition from education to stable employment, or accessing a profession, / on the basis of a written contract between the trainee and traineeship provider, / which is paid in accordance with the Directive (EU) 2022/2041;

Added:Recital 36 b (new): (36b) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council1a / ––––––––––––––––– / 1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13, ELI: http://data.europa.eu/eli/reg/2011/182/oj).

Removed:Article 2 – paragraph 1 – point b: (b) ‘trainee’ means any person undertaking a traineeship.

Added:Recital 38: (38) Since the objectives of this Directive, namely to provide a common definition of traineeships, to improve and enforce the working conditions of trainees and the quality and accessibility of traineeships, to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships , cannot be sufficiently achieved by the Member States, but can, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Removed:Article 2 – paragraph 1 – point b a (new): (ba) ‘traineeship provider’ means an undertaking which is private, public or both and which provides traineeships.

Added:Recital 39a (new): (39a) It is more important than ever to strive for an internal market with a level playing field without social dumping and with respect for social and employment rights. The Union supports Member States in their striving for collective bargaining and their freedom to maintain, conclude and enforce collective agreements where they are a better tool for implementing and complementing the Union’s legislative initiatives, in light of national practices and frameworks. In that respect, it is crucial to acknowledge the importance of the social partners and their right to negotiate and bargain collectively.

Added:Recital 39 b (new): (39b) Member States should provide incentives for the establishment of traineeships that lead to potential employment with the same employer, while also establishing clear pathways for transitioning from training to permanent employment, thereby promoting talent retention and career opportunities for young professionals.

Added:Article 1 – title: Subject matter and scope

Added:Article 1 – paragraph 1: 1. This Directive lays down a common definition of traineeships and establishes a framework of principles and measures to improve and enforce the working conditions of trainees, by providing for: / (a) the promotion of quality, transparent, and accessible traineeships that facilitate the transition from education to standard employment or access to a profession, through a significant learning and training component; / (b) measures to detect and combat: / (i) practices that circumvent the purpose of traineeships; / (ii) the use of standard employment relationships disguised as traineeships;

Added:Article 1 – paragraph 1 a (new): 1a. This Directive does not apply to: / (a) traineeships that are integral to and a mandatory part of the curriculum of formal higher education or vocational education and training and that are undertaken solely for the purpose of obtaining academic or professional credits; or / (b) apprenticeships [within the meaning of Council Recommendation of 15 March 2018 on a European Framework for Quality and Effective Apprenticeships].

Added:Article 2 – paragraph 1 – point a: (a) ‘traineeship’ means a limited period of entry-level work aiming to provide practical and professional experience and skills through a significant learning and training component, with a view to facilitating the transition from education to a standard employment relationship or accessing a profession;

Added:Article 2 – paragraph 1 – point b: (b) ‘trainee’ means any person undertaking a traineeship;

Added:Article 2 – paragraph 1 – point b a (new): (ba) ‘traineeship provider’ means a private or public undertaking or a not-for-profit entity, which provides traineeships;

Removed:Article 3 – paragraph 1 b (new): Member States shall promote increased access to traineeships for trainees from vulnerable backgrounds, including trainees with disabilities.

Added:Article 3 – paragraph 1: Member States shall ensure that, in respect of working conditions including pay, trainees are not treated in a less favourable manner than other workers in the same establishment on the sole ground that they are undertaking a traineeship.

Removed:Article 4 – paragraph 1: Member States shall provide for effective controls and inspections conducted by competent authorities to detect and take enforcement measures against abusive practices arising from the use of traineeships for purposes other than facilitating the transition from education to stable employment, or accessing a profession, with the effect of granting lower levels of protection, including working conditions and pay, than the trainee concerned would be entitled to under Union or national law, collective agreements or practice.

Added:Article 4 – title: Measures to detect and combat practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships

Removed:Article 5 – title: Assessment of abusive practices

Added:Article 4 – paragraph 1: Member States shall provide for effective controls and inspections conducted by competent authorities, including by inspectors with specific expertise or training in assessing the nature and quality of traineeships, to detect and take enforcement and corrective measures against practices that circumvent the purpose of traineeships and the use of standard employment relationships disguised as traineeships. Practices that circumvent the purpose of traineeships, which is to provide valuable professional experience and skills through a significant learning and training component and to facilitate the transition from education to standard employment, or accessing a profession, and the use of standard employment relationships disguised as traineeships result in lower levels of protection, including working conditions and pay, than the worker concerned would be entitled to under Union or national law, collective agreements or practice.

Removed:Article 5 – paragraph 1 – introductory part: 1. In order to identify abusive practices arising from the use of traineeships, competent authorities shall make an overall assessment of all relevant factual elements. In determining whether there is an abusive practice, the assessment shall be based on:

Added:Article 4 – paragraph 1 a (new): Member States shall encourage workers’ representatives and other relevant legal entities to allocate a designated person for trainees to serve as a first point of contact for advice on available remedies and supports in the case of suspected malpractice, poor working conditions, infringements of their rights or any similar practices.

Removed:Article 5 – paragraph 1 – point f: (f) the lack of a public vacancy notice for the traineeship outlining the following information: / (i) excepted tasks and level of responsibility required of the trainee; / (ii) rights and entitlements of the trainee, including pay, social protection, sick leave, and working time entitlements; / (iii) provision of training and skills to be gained.

Added:Article 5 – paragraph 1 – point ca (new): (ca) multiple or consecutive traineeships undertaken by the same person with the same employer;

Removed:Article 5 – paragraph 1 – point f a (new): (fa) the absence of a transparent recruitment policy for the provision of stable employment upon completion of the traineeship.

Added:Article 5 – paragraph 1 – point d: deleted

Removed:Article 5 – paragraph 1 a (new): 1a. In addition, competent authorities shall also consider circumstantial factors which are external to the traineeship relationship itself when determining whether there are abusive practices arising from the use of traineeships. The assessment shall take into account, inter alia, the following factors: / (a) the high ratio of traineeships relative to the size of the establishment; / (b) the recruitment of trainees who have previously completed a traineeship in the same or similar field of activity; / (c) the repeated extension of the duration of traineeships without offering the possibility of progression within the establishment; / (d) the replacement of permanent positions with consecutive traineeship vacancy adverts.

Added:Article 5 – paragraph 1 – point da (new): (da) the absence of pay or pay awarded in violation of national law, collective agreements or practice or, where applicable, with Directive (EU) 2022/2041;

Removed:Article 5 – paragraph 2 – introductory part: 2. To enable competent authorities to carry out the assessment referred to in paragraphs 1 and 2, Member States shall require traineeship providers to supply those authorities with the following information:

Added:Article 5 – paragraph 1 – point e: deleted

Added:Article 5 – paragraph 1 – point ea (new): (ea) a requirement for candidates to have previous work experience, in particular in the same or a similar field of activity, prior to taking up the traineeship;

Added:Article 5 – paragraph 1 – point f: deleted

Added:Article 5 – paragraph 1 – point fa (new): (fa) the absence of any information about one or more of the following in the vacancy notice or advertisement for the traineeship: / (i) the expected tasks and level of responsibility required of the trainee; / (ii) the rights and entitlements of the trainee, including pay and social protection, in accordance with national schemes , and working time; / (iii) details of the significant learning and training component and skills to be gained;

Added:Article 5 – paragraph 1 – point f b (new): (fb) the absence of a transparent recruitment policy for the purpose of facilitating the trainee’s transition to a standard employment relationship upon completion of the traineeship.

Added:Article 5 – paragraph 1a (new): 1a. In order to determine whether a traineeship comprises a standard employment relationship disguised as traineeship , competent authorities shall make an overall assessment of all relevant factual elements and shall consider in particular: / (a) the ratio of trainees relative to the number of other workers in the same establishment; / (b) the level of recruitment of trainees who have previously completed a traineeship in the same or in a similar field of activity; / (c) the equivalent levels of tasks, responsibilities and intensity of work for trainees and other workers in the same establishment;

Added:Article 5 – paragraph 2 – introductory part: 2. To enable competent authorities to carry out the assessment referred to in paragraphs 1 and 1a, traineeship providers shall, upon request, supply without delay those authorities with the following information:

Removed:Article 8 – paragraph 1: Member States shall ensure that workers’ representatives may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to trainees. They may act on behalf or in support of those facing abusive practices arising from the use of traineeships, with that trainee’s or those trainees’ approval.

Added:Article 6 – paragraph 1 – point d: (d) ensure that the competent authorities, in particular national labour inspectorates, are provided with the sufficient human, technical and financial resources necessary to perform effective controls and inspections and have the competence to impose effective, proportionate and dissuasive penalties;

Removed:Article 9 – paragraph 1: 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive or in other Union law.

Added:Article 6 – paragraph 1 – point e: (e) develop the capability of the competent authorities, in particular through training and guidance, to proactively target and pursue non-compliant traineeship providers;

Removed:Article 9 – paragraph 2: 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of an offer of future employment at the traineeship provider, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law.

Added:Article 6 – paragraph 1 – point f: (f) ensure, in cooperation with the competent authorities and social partners, channels for trainees to anonymously and safely report malpractice and poor working conditions, alleged infringements of rights and obligations, and provide information on those channels under point (a) in accordance with Regulation (EU) 2016/679, and ensure that such channels are accessible for persons with disabilities in accordance with Directive (EU) 2016/2102;

Removed:Article 9 – paragraph 3: 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law, may request the traineeship provider to supply duly substantiated grounds for the dismissal or the equivalent measures. The traineeship provider shall provide those grounds in writing.

Added:Article 6 – paragraph 1 – point fa (new): (fa) ensure the validation, recognition and portability of the skills and competences acquired during the traineeship period through a certificate;

Added:Article 6 – paragraph 1 – point fb (new): (fb) promote the recognition of traineeships as relevant work experience in recruitment processes in the job market;

Added:Article 7 – title: Dispute resolution and right to redress

Added:Article 7 – paragraph 1: Member States shall ensure that trainees, including those whose traineeship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive or from other Union law applicable to workers.

Added:Article 7 – paragraph 1a (new): Member States shall take the necessary measures to ensure that during a traineeship, the trainee can urgently refer the matter to the competent authority and the labour inspectorate in the event of an infringement of the rights provided for in this Directive, with a view to solving the matter swiftly or, where this is not possible, to putting an end to the traineeship with no detriment to the trainee or the proper functioning of their training programme. Member States shall ensure that, in such situations, the trainee is not subject to retaliatory measures, including the interruption of the traineeship.

Added:Article 8 – paragraph 1: Member States shall ensure that workers’ representatives may engage in any relevant judicial or administrative procedure to enforce the rights and obligations arising from this Directive or from other Union law applicable to workers. They may act on behalf or in support of one or several trainees, with that trainee’s or those trainees’ approval, in the case of practices that circumvent the purpose of traineeships or of the use of standard employment relationships disguised as traineeships, or in the case of an infringement of any other right or obligation arising from this Directive or from other Union law applicable to workers, workers’ representatives, or, in the absence of workers’ representatives, the employer, shall explicitly inform trainees about their rights of access to administrative and judicial proceedings at the beginning of the traineeship.

Added:Article 9 – title: Protection against adverse treatment and consequences and burden of proof

Added:Article 9 – paragraph 1: 1. Member States shall introduce the necessary measures to protect trainees and their representatives from any adverse treatment by the traineeship provider and from any adverse consequences resulting from a complaint lodged with the traineeship provider or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive or in other Union law applicable to workers.

Added:Article 9 – paragraph 2: 2. In particular, Member States shall take the necessary measures to prohibit the dismissal or its equivalent, such as the withholding of an offer of future employment at the establishment of the traineeship provider, and all preparations for dismissal or its equivalent, of trainees on the grounds that they have exercised the rights provided for in this Directive or in other Union law applicable to workers.

Added:Article 9 – paragraph 3: 3. Trainees who consider that they have been dismissed, or have been subject to measures with equivalent effect, on the grounds that they have exercised the rights provided for in this Directive, or in other Union law applicable to workers, may request the traineeship provider to supply duly substantiated grounds for the dismissal or the equivalent measures. The traineeship provider shall provide those grounds in writing.

Added:Article 13 – paragraph 1 a (new): 1a. Before submitting the reports referred to in paragraph 1, the Commission shall consult the Member States, the social partners at Union level and key stakeholders, and shall take into account the impact of this Directive on SMEs, including microenterprises. In its reviews of the implementation of this Directive, the Commission shall pay particular attention to the impact of this Directive on facilitating the transition from traineeships to standard employment relationships as well as the design and impact of national measures under Chapter II.

Added:Article 13 – paragraph 1 b (new): 1b. By [3 years after the date of transposition] and every two years thereafter, the Commission shall submit a report to the European Parliament and to the Council on the basis of its analysis of the data and information submitted by the Member States pursuant to Article 10a. / When submitting those reports the Commission shall, simultaneously, publish the data and information submitted by the Member States on a dedicated website.

Added:Article 13 – paragraph 2: deleted