Luxembourg has recently introduced a clear legal framework for internships for pupils and students. The law of 4 June 2020 has inserted a new chapter on internships into the Labour Code, establishing the intern’s rights and employer’s obligations. Two types of internship have been created depending on the situation of the intern.

Mandatory and not mandatory internships

Internships provided by a Luxembourg or foreign educational institution are mandatory as an integral part of the training programme for students from high school to college. They don’t have any fixed duration. Practical internships for the acquisition of professional experience are not mandatory. They are designed for students from high school to college and former students who have obtained a secondary degree or a bachelor’s degree and were registered in an educational institution in the last twelve months before the start of the internship. Practical internships cannot exceed 6 months in a 24-month period with the same employer.  

It is required for both types of internships to conclude a convention between the intern and the internship boss (i.e. the head of the company or the delegate), and additionally the educational institution for the mandatory internships. If the interns are less than 18 years old at the time of the convention’s conclusion, their legal representative must be a party to the convention. The convention must include mandatory mentions such as the activities the intern will be required to perform, the maximum weekly working time, the information related to the tutor and the social protection regime to which the intern is subject.

The law also stipulates that all the provisions of the Labour code related to working time, rest time, annual leave, bank holidays and safety at the workplace apply to interns, regardless of the type of internship. 

Do interns get paid?

It depends on the duration and the type of internship. Compensation is optional if the two types of internships last less than 4 weeks. It is mandatory if the duration is equal or greater than 4 weeks. Internships as part of the school programme are compensated at the rate of 30% of the social minimum wage for unskilled workers (€660.58 as of 1 January 2021). Practical internships are compensated at the rate of 40% of the social minimum wage (€880.77 as of 1 January 2021) for unskilled workers if they last between 4 and 12 weeks and at the rate of 75% (€1,651.45 as of 1 January 2021) of social minimum wage for unskilled workers if they are concluded for more than 12 weeks up to and including 26 weeks. For interns who have completed the first cycle of higher or university education, the reference wage is the social minimum wage for skilled employees (€1,056.93 and €1,981.74 as of 1 January 2021). 

What are the employer’s obligations?

The employer must appoint a tutor who will be in charge of the intern. The tutor will provide guidance and advice to the intern and help them with all their questions. In addition, if the internship lasts at least 4 weeks, he will give the intern a detailed and critical assessment of their performance.

The employer cannot expect the intern the same performance as a regular employee. In other words, it is strictly forbidden for an employer to use interns to face an increased workload or to replace permanent or temporary absent employees.    

The employer must also hold a register for internships. Such register is to be made available at any time to the staff delegation and the Inspectorate of Labour and Mines on a simple request.

How to proceed for third-country national trainees?

Third-country nationals who wish to complete a training course in Luxembourg within the framework of their academic studies have the right to stay in the country for a period of up to 3 months. They must fulfil the conditions of entry and residence in Luxembourg and give evidence of sufficient personal resources for the duration of the internship.

For a period of more than 3 months, third-country nationals must follow a 2-step procedure. First, before entering the country, they must apply for a temporary authorization to stay at the Immigrate Directorate of the Ministry of Foreign and European Affairs, have a valid passport and a visa type D if they are subject to visa requirements. Second, after entering the country, they must make a declaration of arrival in the new commune of residence in Luxembourg, undergo a medical check, and then apply for a residence permit for third-country national trainees. The residence permit for trainees is valid for the internship duration as stated in the internship agreement.  

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