What changed between the draft committee report and the plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

8 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council improving and enforcing working conditions of trainees and combating regular employment relationships disguised as traineeships (‘Traineeships Directive’)

(COM(2024)0132 – C100004/2024 – 2024/0068(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2024)0132),

– having regard to Article 294(2) and Article 153(2)(b) in conjunction with Article 153(1)(b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100004/2024),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

Removed:– having regard to Rule 60 of its Rules of Procedure,

Added:– having regard to the opinion of the European Economic and Social Committee of 11 July 2024,

Changed:– having regard to the opinion of the European EconomicCommittee andof Socialthe CommitteeRegions of ...,8 October 2024 ,

Removed:– having regard to the opinion of the Committee of the Regions of ... ,

– having regard to the opinion of the Committee on Culture and Education,

Changed:– having regard to the report of the Committee on Employment and Social Affairs (A100000/2025),(A10-0174/2025),

Added:– having regard to Rule 60 of its Rules of Procedure,

1. Adopts its position at first reading hereinafter set out;

Added:2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Changed:Title 1:Title: on improving and enforcing working conditions of trainees and combatingdetecting abusiveand combating practices arisingthat fromcircumvent the usepurpose of traineeships and the use of disguised standard employment relationships (‘Traineeships Directive’) / (Text with EEA relevance)]

Change 2

Removed:Recital -1 a (new): (-1a) Pursuant to Article 3 of the Treaty on European Union (TEU), the aims of the Union include to promote the well-being of its peoples, to combat social exclusion and discrimination, and to work for the sustainable development of Europe based, inter alia, on balanced economic growth, and a highly competitive social market economy, aiming at full employment and social progress. Pursuant to Article 9 of the Treaty on the Functioning of the European Union (TFEU), the Union is to take into account, inter alia, requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, and the fight against social exclusion.

Added:Recital 1: (1) In March 2014, the Council adopted the Recommendation for a Quality Framework on Traineeships (‘2014 Recommendation’) to provide Union-wide quality standards for traineeships. It recommends 21 principles to improve the quality, accessibility and inclusiveness of traineeships, in particular to ensure high quality learning and training content and adequate working conditions to support education-to-work transitions and increase the employability of trainees. The 2014 Recommendation covers all traineeships except for those that are part of curricula of formal education and training and those regulated under national law and completion of which is a mandatory requirement to access a specific profession.

Change 3

Changed:Recital -11 ba (new): (-1b)(1a) Article 21 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) prohibits any discrimination based on any grounds such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membershipmemberships of a national minority, property, birth, disability, age or sexual orientation.orientation; Article 31 of the Charter provides forguarantees the right of every worker to fair and just working conditions whichfor respectall hisworkers; orand herArticle health,32 safetyprovides andfor dignity.the protection of young people at work, particularly against economic exploitation.

Change 4

Changed:Recital -11 cb (new): (-1c)(1b) ChapterChapters I and II of the European Pillar of Social Rights (the ‘Pillar’), proclaimed at Gothenburg on 17 November 2017, establish a set of principles to serveguide asthe aUnion guideand its Member States towards equal opportunities,opportunities on and access to the labour market, and fair working conditions.conditions and social protection and inclusion. Principle 1 of the Pillar recognises the right to quality and inclusive education, training and life-long learning to maintain and acquire skills for full participation in society and successful management of transitions in the labour market. Principle 3 of the Pillar underlines that, regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, everyone has the right to equal treatment and opportunities regarding, interin alia,employment, employmenteducation and education.social Principleprotection, 4(b)with ofparticular attention to under-represented groups. Principle 4of the Pillar providesaffirms that young people withhave the right to continued education, an apprenticeship, a traineeship or ana offersjob ofoffer aof good jobstanding within four months of becoming unemployed or leaving education. Principle 5 of the Pillar provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training, and that employment relationships that lead to precarious working conditions are to be prevented. Principle 6 of the Pillar provides that workers haveguarantees the right to fair wages that provide for a decent standard of living.…

Change 5

Removed:Recital 3: (3) The Council Recommendation on A Bridge to Jobs – Reinforcing the Youth Guarantee aims at ensuring that young people under the age of 30 receive a good quality offer of employment, continued education, apprenticeship or traineeship within a period of four months of becoming unemployed or leaving education. However, the Employment Committee (EMCO) Review of the Youth Guarantee 1a in 2024 found persistent and substantial differences in the quality and effectiveness of service delivery. / 1a EMCO reviews of the implementation of the Council Recommendation on A Bridge to Jobs – Reinforcing the Youth Guarantee

Added:Recital 2: deleted

Removed:Recital 4: deleted

Added:Recital 3: (3) Youth unemployment remains a persistent challenge in the Union, with rates more than twice the overall unemployment rate. There is therefore aneed for measures that genuinely support sustainable labour market integration and skills development, rather than temporary or repetitive traineeships that do not contribute to standard employment. The European Pillar of Social Rights Action Plan aims to reduce NEETs among young people aged between 15 and 29 from 12,6% in 2019 to 9 % by 2030 by improving employment prospects. The Council Recommendation on A Bridge to Jobs – Reinforcing the Youth Guarantee4 aims at ensuring that young people under the age of 30 receive a good quality offer of employment, continued education, apprenticeship or traineeship within a period of four months of becoming unemployed or leaving education, mainly supporting young people at risk of exclusion from the labour market.

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.