Changes introduced in the Professional Internships’ Measure: promoting the insertion of young people in the labor market and the retraining of unemployed citizens
Portugal Labor Comment
Ordinance no. 70/2019, dated February 27, was published in the official gazette, amending the Professional Internships’ Measure (approved by Ordinance n.º 131/2017, dated of April 7).
This Ordinance establishes new rules regarding the Professional Internships’ Measure, promoting the insertion of young people in the labor market and the retraining of unemployed citizens.
The following aspects and amendments introduced by this Ordinance are noteworthy:
Beneficiaries of the Professional Internships’ Measure
Persons registered as unemployed in IEFP, I.P. become admissible as beneficiaries under the following conditions:
Persons who have rendered effective service under Contract, Special Contract Regime or Volunteer Regime in the Armed Forces, who meet the conditions set forth in paragraph 2 of article 22 of Decree-Law no. 76/2018, of October 11;
Other persons to be defined in specific regulations or by order of the member of the Government responsible for the area of employment, according to public policy priorities.
In addition to the situations of curricular internships and obligatory internships for access to a given profession, the situations of employment contracts concluded with young people on school holidays, in accordance with the provisions of the Code of the Contributory Regimes of the Social Security System, are no longer an impediment to the election of beneficiaries to this Measure.
Application of the promoting entity
The application by an entity that initiated, under the Law n.º 8/2018, of March 2, the Extra-Judicial System of Corporate Recovery, becomes also possible. Such entities must present before the IEFP, I.P. the certificate of the commercial register proving the deposit of the negotiation protocol.
Termination of the internship contract
In case of termination of the internship contract in the first 30 days of execution of the project, the trainee can now be replaced, under the terms defined by IEFP, I.P. in its own regulations.
Pool of internship
The monthly pool of internship to be paid to the trainee by the promoting entity was increased to 1.75 times the IAS (Euro 762.58) for the trainees with the qualification of level 7 of the QNQ, and for 1.85 times the IAS (Euro 806.16) for trainees with QNQ level 8 qualification.
Employment award attributed to the promoter
For the purpose of attributing an award to the promoter entity that concludes a permanent employment contract with the trainee within a maximum period of 20 working days from the date of completion of the internship, the level of employment shall be guaranteed and shall not take into consideration employees who have terminated their respective contracts on their own initiative, due to invalidity, death, old-age retirement, dismissal with fair ground promoted by the employer or expiry of fixed term contracts.
If there is a decrease in the level of employment approved in one of the 12 months of the duration of the obligations, it must be restored in the month following that in which the decrease occurs.
If the previous conditions are met, the promoter will be entitled to the proportional financial support, taking into account the work performed in the 12-month period, in case of termination of the employment contract supported by the following reasons:
Termination of the employment contract promoted by the employee;
Expiry of the employment contract due to supervening, absolute and definitive impossibility of the worker to perform his work or due to disability retirement;
Dismissal due to a fact attributable to the employee.
Deadline for the analysis of applications
The period of 30 working days that is granted to IEFP, I.P. for the analysis of applications is now counted as from the date on which such application is submitted, and no longer from the closing date of the general application period.
Entry into force and application in time
This Ordinance enters into force on February 28, and applies to applications submitted after such entry into force, with the exception of the changes related to (i) beneficiaries of the Professional Internships’ Measure, (ii) conditions of application for the promoter, (iii) replacement of the trainee in the event of termination of the internship contract, (iv) increase of the amount of the pool of internship, (v) conditions for the award of employment award to the promoting entity and (vi) deadline for the analysis of applications by the IEFP, IP, which also apply to ongoing projects.