[ParlTrack]

Rosa D'AMATO

Motion for a resolution
Citation 10 a (new)

— having regard to the Parliament resolution of 8 October 2020 on reinforcing the Youth Guarantee,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 10 b (new)

— having regard to the Parliament resolution of 17 December 2020 on A Strong Social Euriope for Just Transitions,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 10 c (new)

— having regard to the Parliament resolution of 17 February 2022 on Empowering European Youth: post- pandemic employment and social recovery,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 10 d (new)

— having regard to the Parliament resolution of 24 November 2022 on the European Year of Youth 2022 Legacy,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 11

— having regard to the European Pillar of Social Rights, proclaimed by the European Parliament, the Council and the Commission on 17 November 2017 at the Gothenburg Summit, in particular to its Principles No 41 and 4, the European Pillar of Social Rights Action Plan and the 2021 Porto Social Summit Declaration committing to work towards a Social Europe and reinforcing social cohesion,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 11 a (new)

— having regard to the Conference on the Future of Europe outcome document of 30 November 2022, adopted within the framework of the European Year of Youth, notably proposal 47, measure 5 calling to “ensure that young people’s internships and jobs adhere to quality standards, including remuneration, putting an end to youth minimum wages and any other discriminatory labour law provisions specific to young people, as well as banning through a legal instrument unpaid internships on the labour market and outside formal education”,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 11 b (new)

— having regard to the European Commission’s evaluation report of 10 January 2023 on the Council Recommendation on a Quality Framework on Traineeships,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Citation 11 c (new)

— having regard to the International Covenant of Economic, Social and Cultural Rights, to which all EU Member States are a State Party to, notable Article 7(a)(i) on fair wages and equal remuneration, Article 7(c) on equal opportunities for all, and Article 9 on the right to social security for all,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital A

A. whereas traineeships are a ~~common~~ way for young people to gain experience before finding stable employment; whereas traineeships can ease the transition from education or vocational training into the labour market; whereas it is crucial that optimal conditions and incentives are established to enable young people to have access to high-quality traineeships that will provide them with a useful learning experience, as well as work experience and the development of a relevant set of skills; whereas the ~~skills acquired and the workload of traineeships must be proportionate to the remuneration for the traineeship~~remuneration should be a right for trainees in the open labour market, whilst trainees in the education should have access to decent allowances;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital A a (new)

Aa. whereas 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 called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital C

C. whereas different types of traineeship exist across the Union and not all types can be found in all Member States; whereas most traineeships across the Union can be divided into the categories comprising: open-market traineeships, traineeships associated with active labour market policies ~~and~~, traineeships that are part of professional training orand traineeships that are part of an academic or vocational curricula;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital E

E. whereas studies have established links between the quality of traineeships and employment outcomes8 , with remuneration being the key quality criteria to what establishes a high quality traineeship8a; __________________ 8 https://www.europarl.europa.eu/RegData/et udes/STUD/2022/699459/EPRS_STU(202 2)699459_EN.pdf, p. 1 8a https://www.ilo.org/wcmsp5/groups/public /---dgreports/---dcomm/--- publ/documents/publication/wcms_79977 3.pdf

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital H

H. whereas a person may experience discrimination differently based on a variety of factors, including, but not limited to, that person’s gender, race, colour or ethnic origin, nationality, genetic features, language, religion or belief, class or socialo-economic origin, sexual orientation, physical or mental ability, or age; whereas young people living in the weaker financial circumstances, including people living in single-parent households, people with disabilities, migrants, people with lower education levels, young people not living with their parents and those from low work-intensity households, are less likely to have access to the resources required to undertake unpaid or low-paying internships9a; whereas it is crucial tofocus on addressing and overcoming all discrimination in traineeships and ensuring the accessibility of traineeships to persons and groups of persons who are furthest away from the labour market; __________________ 9a https://www.youthforum.org/files/230111- DP-CostUnpaidInternships.pdf

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital I

I. whereas high-quality traineeships can contribute to combatting skills mismatches and consequent labour market shortages in the Union, by reducing the search burden and matching the costs borne by traineeship providers and trainees; whereas too many young people are unable to find stable employment because they do not have the necessary skills or because they are working in jobs that do not match their skill set; whereas, at the same time, 40 % of employers cannot find people with the necessary skills to fill their vacancies9 ; __________________ 9 https://ec.europa.eu/social/main.jsp?catId =1146&langId=endeleted

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital J

J. whereas about half of all 15 to 34- year olds in the Union have gained work experience in at least one traineeship; whereas the majority of young people report having worked two unpaid internships before getting stable employment11a; whereas this means that approximately four million persons take part in at least one traineeship per year in the Union10 ; __________________ 10 https://www.europarl.europa.eu/RegData/et udes/STUD/2022/699459/EPRS_STU(202 2)699459_EN.pdf, p. 2 11a https://www.youthforum.org/files/230111- DP-CostUnpaidInternships.pdf

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital L

L. whereas, according to the same Eurobarometer survey, only 40 % of trainees received financial compensation and whereas more than half of those trainees (53 %) considered say that compensation to be insufficient to cover their basic living costs12 ; whereas ~~adequate~~fair remuneration for traineeships must cover at least basic living costs; __________________ 12 Ibid

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Recital M a (new)

Ma. whereas the EU’s youth unemployment rate is 15.1%, and in the context of the current cost of living crisis, according to Eurostat16a, young people are the group facing the highest risk of living in poverty, with 1 in 4 young people living at-risk-of-poverty or social exclusion, and with young women living at higher risk; __________________ 16a https://ec.europa.eu/eurostat/statistics- explained/index.php?title=Young_people_ - _social_inclusion&oldid=553969#Young_ people_at_risk_of_poverty_or_social_excl usion

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 1

1. Highlights that traineeships are ~~primarily~~ a learning experience and should not replace entry-level jobs; calls on the Commission and the Member States to facilitate and improve access for young people to high-quality, paid, accessible, and inclusive traineeships, particularly to those coming from vulnerable backgrounds to achieve Union objective of social cohesion and inclusion;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 3

3. Highlights the need to tackle skills mismatches, while emphasising the potential added value in this regard for both employers and trainees; in this regard, highlights the need to offer traineeships in areas linked to skills needs of labour markets and future oriented sectors to overcome labour shortages in view of both the green and the digital transition;deleted

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 3 a (new)

3a. Stresses that EU can not promote precarity and that poor-quality and unpaid traineeships cannot be supported by public finances; insists that employers should receive and use financial public support only if they comply with the quality criteria, legislation and collective agreements;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 4

4. Recalls that high-quality traineeships can play a valuable contribution in achieving the Union social targets by 2030, ~~as having at least 60 % of all adults participating in training every year and having at least 78 % of people aged 20 to 64 who should be in employment~~to have at least 78 % of people aged 20 to 64 who should be in employment, reducing the NEETs rate to 9% through quality opportunities; and the Agenda 2030 and in particular SDGs 1, 4, 8, and 10;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 4 a (new)

4a. Highlights the need to protect young people from undertaking several consecutive traineeships by strict monitoring of the use of contracts aiming at making the transition between the education and labour market; calls on Member states to ensure that employers implement a break period between hiring interns for the same position, as otherwise it should be a permanent position; Calls on Member states to ensure that there is an appropriate ratio between staff members and trainees in the workplace;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 4 b (new)

4b. Insists that traineeships should be recognised as real work experience and taken as a primary condition for recruitment processes;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 5

5. Calls on the Commission to update the 2014 Council Recommendation on Quality Framework for Traineeships and turn it into a stronger legislative instrument;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 6 – introductory part

6. Recognises that existing Quality Framework for Traineeships principles remain relevant in ~~supporting young people who undertake~~guiding employers to offer high-quality traineeships; however, stresses that new principles must be added to match the vulnerable position of young people in the labour market; calls on the Commission, therefore, to include the following additional principles in an updated Quality Framework for Traineeships:

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 6 – indent -1 (new)

- eliminate hidden costs of traineeships undertaken to obtain formal qualifications by establishing adequate traineeship allowance in line with the cost of living (living wage) and inflation,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 6 – indent 4

- established clear learning objectives and access to adequate mentorship and to the guidance of trained mentors;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 6 – indent 4 a (new)

- establish, in cooperation with the labour inspectorate, channels to report malpractice and poor conditions during the traineeships period,

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 7

~~7. Calls on the Commission to propose extending the scope of the Quality Framework for Traineeships to include all traineeships;~~deleted

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 8

8. Calls on the Commission to propose a directive to ensure ~~adequate remuneration for traineeships in order to avoid exploitative~~binding quality standards for open labour market traineeships and fair remuneration based on minimum wage, in order to avoid exploitative practices, an access to social protection by trainees in accordance with national schemes (health insurance, unemployment benefits, pension contributions) and to limit the duration of the traineeships as well as the number of traineeships undertaken by the individual in the same field of practices;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 9

9. Reiterates the central role that the European Social Fund Plus (ESF+) ~~and the Youth Guarantee~~, the Recovery and Resilience Facility and its associated Scoreboard linking funding to policies for the Next Generation, and the Youth Guarantee, which is not used to its maximum potential in the majority of Member States, can play in contributing to an increase in the number of high- quality traineeships; urges Member States, with the support of the Commission, to use all available resources in this area;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 10

10. Calls on the Member States to better utilise the ESF+ to help progression within education and training and transition to work, by supporting lifelong learning and employability with a view to facilitating full participation in society for all, and contributing to competitiveness particularly those coming from vulnerable backgrounds in order to ensure their access to equal opportunities14 ; __________________ 14 https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:32021 R1057&from=EN

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 11

11. Calls on the Commission to raise awareness at national, regional and local level of available Union funds to ensure the accessibility by all to high-quality traineeships particularly those coming from vulnerable backgrounds in order to ensure their access to equal opportunities;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 13

13. Welcomes the Commission proposal to make 2023 the European Year of Skills; calls on the Commission to place particular attention on guaranteeing quality and paid traineeships ~~during~~, particularly in the open labour market, as a legacy both of the European year of Youth and in-line with the Conference on the Future of Europe outcome document, and the European Year of Skills;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 17

17. Calls for more cooperation between all stakeholders involved, in particular education and ~~vocational training providers, business~~public employment services, national, regional and local governments ~~and involvement of social partn~~social partners and youth organisations and workers; suggests the creation of a European Alliance for Traineeships, similar to the European Alliance for Apprenticeships, uniting governments and key stakeholders with the aim of strengthening the quality and offer of traineeships across the Union, while promoting the mobility of trainees, notably by guaranteeing access to sufficient financial resources, and languages courses;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 18

18. Calls for the support of local pact for skills in cooperation with public employment ~~agencies of local authoriti~~services to ensure that traineeship help in closing the skills mismatch in the labour markets;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 20

20. Highlights that further data is needed in particular on: statistics of unpaid traineeships and in which sectors the issue is more predominant; barriers that trainees face in obtaining a high-quality traineeship and ways of overcoming them; the effects of the ~~COVID-19 pandemic~~recent socio-economic crises on trainees; the challenges frequently faced when undertaking a traineeship and ways in which to overcome them; possible obstacles faced by employers when offering high-quality traineeships and ways in which to overcome them; the advantages and disadvantages of digital traineeships; the experiences of trainees with disabilities as well as those coming from vulnerable backgrounds; obstacles to cross-border traineeships and ways in which to overcome them;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 21

21. Recalls that any discrimination based on grounds such as sex, race, colour, nationality, ethnic or social and economic origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation must be prohibited; calls on the Member States to put in place specific measures to ensure this;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 22

22. Underlines that high-quality traineeships must be inclusive and accessible to all; stresses, in particular, the need to support persons with disabilities to have access to high-quality traineeships while ensuring an inclusive recruitment process; calls for a Union-wide definition of disability and an expansion of the European disability card to facilitate the mobility of persons with disabilities and their ability to take up traineeship opportunities in other Member States; stresses the need for an accessible workplace for trainees with disabilities; calls for a revision of Council Directive 2000/78/EC15 to improve the article on reasonable accommodation in the workplace in line with the UN Convention on the Rights of Persons with Disabilities; calls for the unblocking of the adoption of a proposal for an anti-discrimination directive (COM(2008)0426); highlights the need for the unbundling of remuneration and disability support to allow for extra disability related costs for traineeships; highlights the importance of personal assistance to support persons with disabilities; calls for more cooperation between ~~employ~~social partners and the organisations representing people who are at greater risk of discrimination; __________________ 15 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16).

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 23

23. Highlights the need for lifelong learning; calls for traineeships to be accessible to people of all ages; recalls that traineeships can provide many benefits to the traineeship provider and the trainee;deleted

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 25 a (new)

25a. Calls the European Commission and the member states to adopt a framework or certificate which facilities the recognition of skills acquired during the traineeship, in particular when it comes to cross-border recognition of skills;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 26

26. Requests that the Commission submit on the basis of Article 153(2)(b) TFEU in conjunction with Article 153(1)(b) TFEU, a proposal for a framework dDirective on Quality Traineeships setting out minimum requirements for ~~adequate~~quality standards and fair remuneration for traineeships based on minimum wage, following the recommendations set out in Annex I hereto;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Paragraph 27

27. Requests that the Commission submit a proposal ~~to update the 2014 Council Recommendation on the basis of Article 292 TFEU, in conjunction with Articles 153 and 166~~for a Decision of the European Parliament and of the Council on a Quality Framework for Traineeships on the basis of Article 166 (4) TFEU, following the recommendations set out in Annex II hereto;

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex I – title

~~RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED~~Proposal for a Directive of the European Parliament and of the Council on Quality Traineeships XXXX/X XX/XX

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex I – subheading 1

~~A European framework directive for adequate remuneration for traineeships~~deleted

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex I – paragraph 1

The European Parliament considers that the future legislative proposal for a framework directive setting out minimum requirements for adequate remuneration for traineeships should follow these principles and aims: 1. minimum requirements for adequate remuneration for traineeships. 2. trainees who are considered to be workers, namely, people who have an employment relationship as defined by the national law or practice of collective agreements, taking into account the criteria established by the Court of Justice of the European Union (Court of Justice) for determining the status of a worker (including cases 66/85, Lawrie-Blum, C- 3/90, Bernini, C-109/04, Kranemann, C- 229/14, Balkaya, in which the Cdeleted The directive should set ourt of Justice gave indications as to when trainees may be considered to be workers under Union law). Provided that trainees fulfil those criteria, the directive should apply to such trainees in both the private and the public sectors. 3. The directive should include a penalties provision.The directive should apply to

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex I a (new)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article Articles 153(2), point (b), in conjunction with Article 153(1), point (b) , thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee, Having regard to the opinion of the Committee of the Regions Acting in accordance with the ordinary legislative procedure, (1) The first principle of the European Pillar of Social Rights states that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that enable them to participate fully in society and successfully manage transitions in the labour market. Principle 3 of the European Pillar of Social Rights 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, and this includes employment and education. (2) Article 14(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) states that everyone has the right to education and access to vocational and continuing training. (3) The European Strategy for the Rights of Persons with Disabilities 2021-2030 aims to ensure their full participation in society, on an equal basis with others in the Union and beyond. Within the Strategy, the European Commission commits to make sure that persons with disabilities can take part in trainings and learn new skills, as a fundamental requisite for employment and independence. (4) traineeships have become an important entry point into the labour market. (5) This Directive covers trainees carrying out traineeships in the open labour market which include open-market traineeships, traineeships as part of active labour market policies (ALMP), including those offered by the Youth Guarantee, and traineeships as a mandatory part of professional training. (6) Socio-economic costs arise if traineeships, particularly repeated ones, replace regular employment, notably entry-level positions usually offered to trainees. Low-quality traineeships, especially those with little learning content, do not lead to employability of the trainee and do not benefit any party. . Social costs also arise in connection with low or unpaid traineeships that limit the career opportunities of those from disadvantaged backgrounds. (7) The financial circumstances of an individual will greatly affect their choice to take an unpaid or poorly remunerated traineeship. Young people from vulnerable backgrounds, namely young people with disabilities, or young migrants are unfairly excluded from accessing employment opportunities within the organisations and industries that offer unpaid internships and indirectly discriminate towards some groups of young people. (8) There is evidence on the link between the quality of the traineeship and the employment outcome. The value of traineeships in easing the transition to employment depends on their quality in terms of learning content and working conditions. Quality traineeships motivate young people to enter the labour market, improve future prospects and mental stability, improve labour market skills matching and promote mobility for trainees and bring direct productivity benefits for the employers. (9) Evidence shows that a significant number of traineeships lack the connection between tasks and learning objectives. A quality traineeship must offer a solid and meaningful learning content. This means, the identification of the specific skills to be acquired, supervision and mentoring of the trainee, and monitoring of their progress throughout the traineeship. (10) Problems have also been identified as regards working conditions, e.g. long working hours, lack of social security coverage lack of health and accident insurance coverage as well as sick leave, the protection against health and safety or occupational risks, little or no allowance , a lack of clarity in the terms and conditions in the traineeship agreements, among others. (11) Member states should ensure that trainees are covered by the social security system, especially regarding health, unemployment, and pension rights. The employers should ensure that trainees have insurance against accidents including the accidents at the workplace. (12) Traineeships in the open labour market remain unregulated in some Member States In the absence of a regulatory framework or instrument, or because there is a lack of transparency regarding working conditions for traineeships and their learning content, many traineeship providers are able to use trainees as cheap or even unpaid labour. (13) Lack of information and binding quality criteria is one of the causes of low quality traineeships.. Increased transparency requirements and gender- neutral and inclusive notices or announcements advertising traineeship positions improves its accessibility. (14) The social partners and other relevant stakeholders such as student unions and youth organisations play a key role in the design, implementation and monitoring of training policies and programmes. Cooperation between them could provide trainees with targeted information on available career opportunities and skills needs on labour markets, as well as on trainees' rights and responsibilities. (15) 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 called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices. (16) This Directive sets the minimum standards for determining what constitutes a good quality offer of traineeships under the Council Recommendation on Establishing a Youth Guarantee. (17) Considering the nature and objective of this Directive, it should not be interpreted as hindering Member States from maintaining or establishing more favourable provisions for trainees than the ones recommended. Article 1 Subject matter and scope 1. This Directive establishes a framework for the purpose of improving the quality and accessibility of traineeships, as well as the working conditions of trainees carrying out traineeships. This Directive applies, inter alia, to the following traineeships: (a) open-market traineeships; (b) traineeships in the context of active labour market policies (ALMPs); (c) traineeships that are a mandatory part of professional training. 2. This Directive lays down minimum rights that apply to every trainee working in the open labour market with the purpose of: (a)Improving the quality of traineeships carried out in the open labour market in particular as regards the learning and training content and the working conditions of traineeships, with the aim of ensuring that the traineeships ease the transition from education, unemployment or inactivity to work; (b) improving the accessibility of traineeships to increase the participation, in particular, of young people from disadvantaged groups and persons with disabilities. 3. This Directive does not apply to traineeships that are carried out in the context of the obtention of educational qualifications. Article 2 Definitions 1. For the purpose of this Directive, the following definitions apply: (a) “open market traineeship” means a non-mandatory, bilateral, private agreement agreed between a trainee and a public, private or not-for-profit traineeship provider without the involvement of a third party and without a formal connection to an educational or a training establishment; (b) “traineeship in the context of active labour market policies (ALMP)” means a traineeship organised by a Public Employment Service (PES) in cooperation with an employer, based on an agreement between the three parties with the aim of helping unemployed or inactive young people into employment; (c) “traineeship that are a mandatory part of professional training” means a traineeship that serves as a mandatory introduction into the professional practice of a specific field of work; (d) “traineeship agreement” means an agreement of short-term duration that meets the conditions of an employment contract or employment relationship as defined in the national law, collective agreement or practice in force in each Member States with consideration to the case law of the Court of Justice. (e) “trainee” means a person that has an employment contract or employment relationship as defined by the national law, collective agreements, or practice in force in each Member States taking into account the criteria established by the CJEU’s case law and has recently entered the labour market or has requalified and is gaining their first professional experience in a given sector. Article 3 Quality criteria 1. Member States shall ensure that trainees have the right to: a) a written traineeship agreement setting out at least: (i) the duration and provisions for any renewal of the traineeship; (ii) wage provided to the trainee in accordance with Directive (EU) 2022/2041; (iii) the tasks to be carried out by the trainee; (iv) arrangements for mentorship and evaluation that is to be carried out by the supervisor guiding the trainee through the assigned tasks; (v) the learning objectives that have been set jointly by the trainee and traineeship provider or employer in order to help the trainee acquire practical experience and relevant skills; The tasks referred to in point (iii) shall be established with reference to the learning objectives referred to in point (v) and shall facilitate the achievement of those learning objectives. b)the compliance with Directive (EU) 2019/1152 and Directive 2003/88/EC 2. Member states shall ensure support for employers offering traineeships to people with disabilities. Article 4 Equal treatment 1. Member States shall ensure that employers or traineeship providers ensure equal treatment between trainees and workers as defined by the law, collective agreements or practice in force in each Member State, taking into account the case-law of the Court of Justice. Article 5 Traineeship duration, renewal and prolongation 1. Member States shall ensure that the duration of traineeship is limited and is no shorter than two months. 2. Member States shall ensure that the arrangements relating to the duration, renewal or prolongation of traineeships do not result in the replacement of entry level jobs, or vacancies for full-time jobs and indefinite-term employment contracts. 3. Member States shall clarify the circumstances and conditions under which a traineeship may be extended or renewed after the initial traineeship agreement expired. 4. Member States shall ensure that under the traineeship agreement either the trainee or the traineeship provider may terminate it by written communication, providing advance notice of an appropriate duration in view of the length of the traineeship and relevant national practice. Article 6 Recognition of traineeships 1. Traineeships shall be recognised, validated and certified jointly by the employer or traineeship provider and the trainee with regard to the knowledge, skills and competences acquired during traineeships. 2. Traineeships shall be recognised and validated as work experience in recruitment processes. Article 7 Transparency requirements 1. Member States shall ensure that employers and traineeship providers include in their gender neutral and inclusive vacancy notices and advertisements information on the terms and conditions of the traineeship, including its wage, working conditions, expected tasks, and health and accident insurance. 2. Employers and Traineeship providers shall provide information on recruitment policies, including the share of trainees recruited in recent years. 3. Traineeship providers shall not require previous working experience when issuing or advertising vacancy notices for traineeships.4. Member States shall ensure that labour inspectors prohibit the substitution of entry-level or permanent posts by means of a traineeship. Article 8 Social dialogue and stakeholders involvement 1. Without prejudice to the autonomy of the social partners and in accordance with national law and practice, Member States shall ensure the effective involvement of the social partners and other relevant stakeholders, in the design, implementation and monitoring of the rights and obligations laid down in this Directive. 2. Trainees shall have access to workers’ representation, such as trade unions. Article 9 Penalties 1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive or the relevant provisions already in force concerning the rights which are within the scope of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, [by XXX], notify the Commission of those rules and of those measures and shall notify it [, without delay,] of any subsequent amendment affecting them. Article 10 Non regression and more favourable provisions 1. This Directive shall not constitute valid grounds for reducing the general level of protection already provided to trainees carrying out a traineeship that falls within its scope. 2. This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to trainees or to encourage or permit the application of collective agreements which are more favourable to trainees. Article 11 Collection of data, monitoring and evaluation 1. The Commission shall publish guidelines to ensure the uniformity of data collection. The Commission shall monitor the application of those guidelines. 2. Member States shall ensure that the data collection of traineeships at national level is carried out in line with the Commission’s guidelines referred to in paragraph. 1. They shall submit the data collected to the Commission on a yearly basis. Article 12 Reporting and review 1. By... [three years after the date of entry into force of this Directive], the Commission shall assess the implementation of this Directive and its impact in practice and submit a report to the European Parliament and to the Council, accompanied by a legislative proposal if appropriate. Article 13 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by ... [two years after the date of entry into force of this Directive].They shall immediately inform the Commission thereof. 2. When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States. Article 14 Entry into force 1. This Directive shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex II – title

~~RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED~~Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Quality Framework for Traineeships XXXX/X XX/XX

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex II – subheading 1

~~Update of 2014 Council Recommendation on a Quality Framework for Traineeships~~deleted

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex II – paragraph 1

The European Parliament considers that the future Commission proposal for an update of 2014 Council Recommendation should follow these recommendations: 1. The scope of the Quality Framework for Traineeships should be extended to cover all traineeships. 2. Even though the existing Quality Framework for Traineeships principles remain relevant in supporting young people to undertake high-quality traineeships, the following principles should be included in the revised Quality Framework for Traineeships in order to improve the quality of traineeships, in particular as regard the learning and training content and the working conditions of traineeships, with the aim of easing the transition from education, employment or inactivity to work: (a) access to social protection by trainees, in accordance with national schemes; (b) trainees with disabilities and trainees from other marginalised groups, using an intersectional approach, (c) for remote and hybrid traineeships, where applicable, (d) to the guidance of trained mentors. 3. for Traineeships should focus on providing assistance to employers, in particular microenterprises and small and medium-sized enterprises, offering qdeleted increased access to traineeships by access to high-quality conditions access to adequate mentorship and The revised Quality tFra~~ineeships. 4. f~~mework Traineeships should include a focus on awareness raising both at national and regional level of available Union funds to ensure accessibility for all to high-quality traineeships. 5. for Traineeships should include adequate monitoring schemes in the Member States to ensure that trainees’ first working experience is of a high quality. In this regard, national labour market inspectorates should monitor compliance with existing regulations on qhe revised Quality Framework The revised Quality tFra~~ineeships. 6. f~~mework Traineeships should include provisions for more cooperation between all stakeholders involved and the creation of a European Alliance for Traineeships, uniting governments and key stakeholders with the aim of strengthening the quality and offer of traineeships across the Union, while also promoting the mobility of trainees. 7. for Traineeships should include a provision for better and more comparative data collection on traineeships at national and Union level and for comparative data to be included in the social scoreboard.he revised Quality Framework The revised Quality Framework

2023/02/10
Committee: EMPL

Rosa D'AMATO

Motion for a resolution
Annex II a (new)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union166 (4), thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee, Having regard to the opinion of the Committee of the Regions Acting in accordance with the ordinary legislative procedure, (1) The first principle of the European Pillar of Social Rights states that everyone has the right to quality and inclusive education, training and lifelong learning in order to maintain and acquire skills that enable them to participate fully in society and successfully manage transitions in the labour market. Principle 3 of the European Pillar of Social Rights 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, and this includes employment and education. (2) Article 14(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) states that everyone has the right to education and access to vocational and continuing training. (3) The European Strategy for the Rights of Persons with Disabilities 2021-2030 aims to ensure their full participation in society, on an equal basis with others in the Union and beyond. Within the Strategy, the European Commission commits to make sure that persons with disabilities can take part in trainings and learn new skills, as a fundamental requisite for employment and independence. (4) traineeships undertaken with the aim of obtaining educational qualifications intend to offer a concrete work-based learning experience to students by integrating academic knowledge with practical experience, giving them the opportunity of finding their professional field(s) of interest(s) and enhancing their employability. (5) Low-quality traineeships, especially those with little learning content, do not lead to employability of the trainee and do not benefit any party. . Social costs also arise in connection with unpaid traineeships that limit the career opportunities of those from disadvantaged backgrounds. (6) There is evidence on the link between the quality of the traineeship and the employment outcome. The value of traineeships in easing the transition to employment depends on their quality in terms of learning content and working conditions. Quality traineeships motivate young people to enter the labour market, improve future prospects and mental stability, improve labour market skills matching and promote mobility for trainees and bring direct productivity benefits for the traineeship providers. (7) Evidence shows that a significant number of traineeships lack the connection between tasks and learning objectives. A quality traineeship must offer a solid and meaningful learning content. This means, the identification of the specific skills to be acquired, supervision and mentoring of the trainee, and monitoring of their progress throughout the traineeship. (8) Problems have also been identified as regards working conditions, e.g. long working hours, lack of health and accident insurance coverage as well as sick leave, the protection against health and safety or occupational risks, little or no allowance, a lack of clarity in the terms and conditions in the traineeship agreements. (9) Traineeships undertaken with the aim of obtaining educational qualifications remain unregulated in some Member States In the absence of a regulatory framework or instrument, or because there is a lack of transparency regarding working conditions for traineeships and their learning content, many traineeship providers are able to use trainees as cheap or even unpaid labour. (10) A binding Quality Framework for Traineeships will support the improvement of working conditions and the learning content of traineeships. The main element of the Quality Framework for Traineeships is the written traineeship agreement that indicates the educational objectives, decent working conditions including the amount of the allowance, rights and obligations, and a reasonable duration for traineeships. (11) Lack of such information is one of the causes of low quality traineeships.. Increased transparency requirements for gender-neutral and inclusive notices or announcements advertising traineeship positions improves accessibility. (12) Key stakeholders such social partners, student unions, student representatives, and youth organisations, play a key role in the design, implementation and monitoring of training policies and programmes. Cooperation between them could provide trainees with targeted information on available career opportunities and skills needs on labour markets, as well as on trainees' rights and responsibilities. (13) One of the opportunities is to increase the cross-border mobility of trainees in the Union. The lack of a decent allowance constitutes an obstacle to the development of cross-border trainee mobility, especially for students coming from disadvantaged groups. Moreover, in some cases, administrative and legal obstacles to cross-border mobility of trainees have been found to affect several of the receiving Member States. In this context, information on the right to cross- border mobility of trainees, in particular the rights included in Directive 2004/38/EC (3), is important. By providing principles and guidelines to serve as a reference, the Quality Framework for Traineeships will also facilitate access to transnational traineeships. (14) Traineeship providers respecting the QFT can be financially supported by the national and European public Funds. This involves a possible contribution to the cost of the traineeships for the providers. (15) whereas 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 called for a common legal framework to ensure fair remuneration for traineeships in order to avoid exploitative practices. (16) The Quality Framework sets[SMJ2] the minimum standards for determining what constitutes a good quality offer of traineeships. (17) This Decision does not cover traineeships in the open labour market, traineeships as a mandatory part of professional training, and traineeships that are part of the active labour market policies (ALMP). (18) Considering the nature and objective of this Decision , it should not be interpreted as hindering Member States from maintaining or establishing more favourable provisions for trainees than the ones recommended. HAVE ADOPTED THIS DECISION: Article 1 Subject matter 1. This Decision establishes a “European Quality Framework for Traineeships” (Quality Framework). The purpose of the Quality Framework is to support and supplement the action of Member States regarding the transparency and comprehensibility of quality criteria for traineeships that are carried out in the context of the obtention of educational qualifications. Article 2 Objectives 1. The objectives of the Quality Framework shall be to improve:(a) the quality of traineeships undertaken with the aim of obtaining educational qualifications, in particular as regards to learning and training content and working conditions, with the aim of easing the transition from education to work;(b) the accessibility of traineeships, in particular for the purpose of increasing the participation of young people from disadvantaged groups and persons with disabilities. Article 3 Conclusion of a written traineeship agreement 1. Member States shall reinforce the practice of establishing a written agreement at the beginning of the traineeship between the trainee and the traineeship provider. 2. Member States shall promote traineeship agreements as referred to in paragraph 1 that indicate the educational objectives of the traineeship, the working conditions and allowance provided to the trainee by the traineeship provider, and the rights and obligations of the parties under applicable Union and national law, as well as the duration of the traineeship, in accordance with Articles 4 to 8. Article 4 Learning and training objectives 1. Member States shall promote best practices whereby: (a) Learning and training objectives are established jointly by the trainee, traineeship provider and the educational institution in order to help trainees acquire practical experience and relevant skills. The tasks assigned to the trainee during the traineeship shall enable these objectives to be attained. (b) Traineeship providers designate a supervisor to guide trainees in carrying out the assigned tasks and to monitor and assess their progress. Article 5 Training conditions applicable to trainees 1. Member States shall encourage traineeship providers in:(a) setting training hours that are compatible with the studying plan concerned, in the event that the training and education are to be carried out simultaneously, including limits to maximum weekly working time; (b) providing coverage in terms of health and accident insurance as well as sick leave; (c) clarifying the amount of the allowance provided to the trainee; (d) applying working conditions of their workers to the trainees with regards to health and safety standards, minimum daily and weekly rest periods minimum holiday entitlements, sick leave, teleworking rights and access to workers’ representatives, among others. Article 6 Traineeship duration 1. Member States shall encourage traineeship providers to: (a) limit to a minimum duration of two months and a maximum duration of six months, except in cases where a longer duration is justified, taking into account national practices; (b) specify that either the trainee or the traineeship provider may terminate it by written communication to all parties, providing advance notice of an appropriate duration in view of the length of the traineeship and relevant national practice. Article 7 Recognition of traineeships 1. Member States shall facilitate the recognition, validation and certification of the knowledge, skills and competencies acquired during traineeships by both the traineeship provider and the educational institution. Article 8 Transparency requirements 1. Member States shall encourage traineeship providers to include gender- neutral vacancy notices and advertisements where the information on the terms and conditions of the traineeship, including the training conditions, the amount of the allowance, the expected tasks and the applicable health and accident insurance is provided as well as to give information on recruitment policies, including the number of trainees recruited in previous years. Article 9 Cross-border traineeships 1. In case of cross-border mobility of trainees within the European Union, Member States shall encourage that the educational institution provides information about the national legal framework for traineeships and rules on hosting trainees and sending of trainees. 2. In case of third country nationals carrying out traineeships within the EU, Member States shall facilitate the application of the QFT to them. 3. In case of mobility outside the EU, Member States shall promote that agreements between educational institutions and traineeship providers respect the QFT. Article 10 Financial support 1. Promote the use of national and/or European public funds such as ESF+, ERDF, RRF to traineeship providers who respect the QFT. Article 11 Involvement of stakeholders 1. Promote the active involvement of stakeholders, in particular, the social partners, student unions, student representatives, and youth organisations, in applying the Quality Framework. Article 12 Collection of data, monitoring and evaluation 1. The Commission shall publish guidelines for adequate monitoring schemes to ensure the uniformity of data collection to ensure better and comparative data collection of traineeships at national level. 2. Based on this, The Commission shall monitor, in cooperation with the Member States and in particular through EMCO, the progress in applying the Quality Framework for Traineeships pursuant to this decision and analyse the impact of the policies in place. Article 13 Entry into force This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

2023/02/10
Committee: EMPL

Activities of Rosa D'AMATO related to 2020/2005(INL)

Plenary speeches (1)

Shadow reports (1)

Amendments (51)

ParlTrack - 2011-2024