Interns are not considered employees. However, they are not left without legal protections in their relations with companies. Thus, internships are notably subject to a maximum duration and a waiting period between welcoming two students. These regulations help prevent possible abuse and preserve the educational nature of the internship.
How is the actual duration of the internship calculated in hours?
A student internship is intended to last a maximum of 6 months per academic year and per host company. This semester is actually equivalent to 924 hours of presence within the structure in question. For calculate the actual duration of the internship in hours :
- 1 month is equivalent to 22 days of effective presence in the company;
- 1 day represents 7 hours of presence (consecutive or not).
On this basis, the intern reaches the maximum authorized duration as soon as he accumulates 924 hours of presence in the host organization. The company must then take the necessary measures to release or hire the student concerned. In this second case, the duration of the internship is considered as part of the trial period. It also counts in the estimation of seniority rights.
If he or she becomes a parent in the meantime, the intern will benefit from an absence authorization similar to employees. The rule concerns maternity, paternity and adoption indiscriminately. You will only need to refer to the expected duration for each situation. In addition, these holidays are deductible from the actual duration of the internship in hours. However, the company is not required to maintain the bonus during this period of absence, unless otherwise stated in the initial agreement.
What is the waiting period between two internships?
In France, the law provides for a waiting period between two internships in the same position in a company. This deadline is set at 1/3 of the actual presence of the previous trainee within the structure. The estimate is thus based on the actual duration of the internship in hours. Therefore, employers must master the method of calculating the student reception period in their establishments.
In practice, a company cannot receive new interns in the same positions for 2 months, after 6 months of internships. This period will logically increase to 1 month, after a 3-month internship in the same position. On the other hand, it remains possible to welcome a new intern for a completely different function. The employer must, however, ensure that other missions are entrusted to the new intern to comply with the regulations. In the event of an infraction, he risks a fine of 2,000 euros to 4,000 euros.
However, the rule does not apply if the trainee has decided to end the internship agreement. The company will then be able to welcome a new student without waiting for the legal waiting period in this matter. Conversely, the obligation must be respected when the internship has been completed according to the schedule initially agreed. The duration of this internship is generally determined by the educational advisor and the teaching staff of the establishment.
