Annika Rosin University of Tartu, Estonia

Transcription

1 Legal Possibilities of Guaranteeing Professional Training and Work Experience and Avoiding the Improper Use of Training Contracts in the Case of Transnational Traineeships Annika Rosin University of Tartu, Estonia

2 Introduction High youth unemployment rate in the EU (9,7% average, 21,4% youth unemployment 2011) Traineeships help in transition from school to work by reducing the experience gap Only quality traineeships matter! Quality= the obtaining of professional training and work experience guaranteed

3 Introduction Problems with guaranteeing professional training and work experience Trainees used as cheap or free labour (Italy, Spain)

4 Introduction ILO- governments should regulate and monitore those schemes, to ensure they allow for a real learning experience and do not replace regular workers EU- Quality Framework on Traineeships

5 Transnational traineeships- definition, types and contractual framework No national legal definition in Estonian law Definition of traineeship + transnational aspect Different definitions depending on the type of traineeship (vocational or higher education, labour market services, open-market) Aim- only work experience or additional knowledge

6 Transnational traineeships- definition, types and contractual framework No EU-wide definition, placement for Lifelong Learning Policy Different MS define differently What relationships are covered with the regulation of traineeships? Traineeship vs employment relationship: questions about applicable law

7 Transnational traineeships- definition, types and contractual framework Variety of contractual frameworks in national level Variety among the parties Variety among the nature (traineeship or employment agreement) More than one contract regulating the same relationship- traineeship agreement for educational component, employment agreement for working component

8 Transnational traineeships- definition, types and contractual framework Problems in determining the applicable law (the law of the residence state of host organisation- employment contract or the law of the residence state of the traineetraineeship agreement or both?) From which national legislation do the legal provisions aimed to guarantee the quality of traineeship arise

9 Guaranteeing professional training and work experience in the course of transnational traineeships Determination of objectives and content Tutorial guidance Evaluation of the outcomes

10 Guaranteeing professional training and work experience in the course of transnational traineeships Legally regulated in the case of traineeships forming part of vocational education or organised as labour market services Overall aim and content, right to tutoring also envisaged in traineeship definition in the case of traineeships organised as part of higher education No regulation for open-market traineeships

11 Avoiding the improper use of transnational training contracts Trainee s right to remuneration Trainee s right to health insurance and insurance against accidents at the workplace Limitation of the duration of traineeships

12 Avoiding the improper use of transnational training contracts No remuneration or social guarantees provided by the host organisation If traineeship is taken as part of vocational or higher education or organised as labour market service, health insurance provided by the state or the Unemployment Fund Grant for unemployed person for traineeship period (guaranteed by the Unemployment Fund) No limitations for maximum duration

13 Placements Transnational traineeships organised in the framework of Lifelong Learning Policy Extra quality guarantees compared to the ordinary transnational traineeships Definition; compulsory contractual framework; determination of objectives, content, tutoring, evaluation; limited duration Open-market traineeships not envisaged

14 Conclusion Legal regulation can help to guarantee the quality of transnational traineeships by defining the transnational traineeship, by laying down the rules about the conclusion and the content of training contract, by determining the aim and content of traineeship, by laying down provisions about tutorial guidance and evaluation of the outcomes of the traineeship; also by regulating the trainee s right to remuneration and social protection and the duration of the traineeship.

15 Conclusion Quality of transnational traineeships may be legally guaranteed in national or in the EU level Use of those legal provisions depends on the MS and on the type of traineeship. In Estonian law those provisions do not cover all types of traineeships or are not at all legally stipulated National legal regulation of transnational traineeships does not solve the problems related to the choce of applicable law

16 Conclusion Commission s proposal for the Quality Framework on Traineeships is welcomed Focus on open-market traineeships Inclusion of professional and learning objectives to the traineeship agreement, assigning of a personal tutor to trainee and evaluation of the outcomes, terms concerning the social protection of the trainee and the duration of traineeship agreement Problems still existing: definition of traineeship, use of employment contracts not excluded.

17 Thank you for your attention!