New regulations on Educative internships
The Ministry of Labor & Employment and the Ministry of Education, have issued joint Resolutions No. 825/09 and 338/09, by means of which they have regulated the Internships Act.
On the first place, it establishes that all internships currently in force should conform to the new regulations in a 30 business day period as of November 1, 2009.
The new regulations establish that interns shall enjoy the benefits of the Labor Accidents Act (No. 24,557).
Likewise, the regulations provide that internships shall not be terminated due to occupational disease or accidents. In the event of maternity leave, the contract shall be suspended during 45 days prior to the birth and 45 days after it, and during the absence the employee shall not receive any payment but he/she has the right to be reinstated once the leave period has expired.
The maximum working time is limited to 20 hours per week, which could be freely allocated among the parties in their individual agreements, with the sole limitation that it should be performed from Monday through Friday during daytime. The working day shall not exceed six and a half hours.
The maximum number of interns allowed in a company at any time is related to the total number of employees; hence, companies with a staff up to 200 employees shall have no more than 10% of interns, whereas companies with more than 200 employees shall have in its staff no more than 7% of interns.
For further information on this topic please contact Nicolás Grandi