Draft resolution clarifies that internships do not generate an employment relationship with the company

Draft resolution clarifies that internships do not generate an employment relationship with the company

The Ministry of Labor subjected to query publish the project Resolution on the Internship or Training Professional Practicewhere it is clarified that the internship or professional training practice does not generate any type of employment relationship between the intern and the company or organization in which it is carried out.

In addition, the internship may not be used to cover vacancies or to replace the personnel of the companies or organizations in which they are carried out.

The purpose of the resolution is also to provide that the internship or professional training practice is the process through which the student puts into execution the knowledge acquired during the course of their academic training, at the levels of middle or secondary education, professional technical, higher technical , undergraduate or postgraduate.

The resolution explains that the objectives for the interns are: to carry out the internships contemplated in their academic training, which enrich the curricular proposal of the studies they are taking.

Also, acquire knowledge, abilities, skills and attitudes that contribute to improving their chances of entering the workplace. In addition, increase knowledge, skills and management of current and future technologies.

Likewise, provide tools that contribute to a better future professional performance and value the internship as part of the development of personal and professional life.

Requirements to be an intern

In the document, published on the website of Ministry of Laborwith the objective that the interested parties can deposit their observations or suggestions in writing, within the term of 30 working days, it is established as requirements to participate in the internships o Training professional internships: being a student of the levels of middle or secondary education, professional technician, superior technician, undergraduate or postgraduate, which requires an internship within its curricular design.

Also, that the interns be referred by an educational institution; that the company or institution has one or more quotas of internships o professional training practices; that the company or institution has adequate facilities and supervisors that guarantee monitoring during the internship or training professional practice and the physical and emotional safety of the intern.

formalize with agreement

The proposed regulation establishes that an internship or training professional practice agreement be drawn up in writing between the training center, the company or institution and the intern, and that an internship or training professional practice agreement be registered in the General Directorate of Labor (DGT) of the Ministry of Laborthrough the Integrated System of Labor Records (Sirla).

The document establishes that the internship or professional training agreement must be in writing and include the general information about the company or institution, the general information about the intern and the educational institution, information about the educational program developed by the intern and the job profile. internship or training professional practice, among others.

Internship duration

In the eighth article, the resolution specifies that the scope and duration of the internships or professional training practices will last no longer than 6 months or 720 hours, according to schemes that will be established in the agreement.

The activity to be developed within the company or institution must be related to the intern’s area of ​​training. Said activities must comply with those permitted in Resolution 52/2004, on dangerous and unhealthy work for minors under 18 years of age or any other that modifies or complements it.

The proposal establishes that the working day or length of stay of the intern within the company during the internship or professional training practice will be subject to the limits established by the Labor Code in its article 147.

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