Is an Intern Entitled to Vacation? What Does the Law Say?

Do you know if the Intern is entitled to vacation?

Internships are an important gateway to the job market, allowing students to gain experience and develop skills in their field of expertise.

However, many interns have doubts about their labor rights, such as the right to vacation.

In this article, we will address what the law says on the subject and clarify some of the main doubts.

What does the internship law say?

According to the Internship Law (Law No. 11,788/2008), interns are entitled to a 30-day paid vacation period every 12 months of contract, preferably coinciding with school holidays.

The recess must be paid, that is, the intern is entitled to receive a grant at the normal rate during this period.

However, it is important to highlight that this recess period is not equivalent to the vacation of workers with a signed employment contract.

While workers are entitled to a 30-day paid vacation period for every 12 months of work, interns are only entitled to a 30-day paid vacation period for every 12 months of their internship contract.

Furthermore, it is important that the recess period is granted in a way that does not harm the progress of the internship.

Is every intern entitled to vacation?

Contrary to what many employers think, interns are entitled to a period of paid rest.

However, this period is not exactly equivalent to the vacations of workers in the CLT regime and may be proportional to the internship period.

This means that interns are entitled to a 30-day break every 12 months of their contract, preferably during school holidays.

For example, if an intern has worked for one year, he is entitled to 30 days off, while if he has worked for six months, he is entitled to 15 days.

Holiday combination

The intern and the company must agree on the best date for the break, taking into account the needs of the business and the intern.

Another important point is that the recess period cannot be converted into money, that is, the intern cannot receive the equivalent amount in money instead of taking the rest period.

Furthermore, if the intern terminates the contract before the recess period, he/she will be entitled to receive the amount proportional to the recess period to which he/she would be entitled.

Why is there this doubt?

The doubt about whether interns are entitled to vacations occurs because, unlike workers with signed employment contracts, interns are not governed by the Consolidation of Labor Laws (CLT), but rather by the Internship Law (Law No. 11,788/2008).

As this law is more recent and less well-known than the CLT, many students and even companies have doubts about the rights and duties of interns.

Furthermore, some companies may not be aware of the legal obligations regarding internships, which may lead to situations of exploitation of interns' work.

For example, some companies may require interns to work more hours than permitted by law or may not provide the paid time off that interns are entitled to.

This way, it is possible to ensure that the internship is a positive and enriching experience for students, while respecting their labor rights.

Other rights of the intern

Internships are a very common activity among students at different levels of education, whether as a way to complement academic training or as an opportunity to start a professional career.

However, many interns and companies have doubts about the rights and duties of interns in relation to labor legislation.

One of the main doubts concerns the right to vacation for interns.

According to the Law of Internship (Law No. 11,788/2008), interns are entitled to a 30-day paid vacation period for every 12 months of the internship contract, which may be granted in installments, as long as there is no harm to the development of the intern's activities.

It is important that interns and the companies that hire them are aware of the rights and duties provided for in the Internship Law, in order to ensure a positive and enriching experience for the student, as well as compliance with labor obligations by the company.

If interns' rights are disrespected, they can appeal to the Labor Court or competent bodies to assert their rights.

Final considerations

Interns have rights guaranteed by law, including the right to a 30-day paid leave period every 12 months of the internship contract. It is important that employers are aware of these rights and comply with employment obligations to ensure a positive and enriching experience for the student.

Furthermore, interns must inform themselves about their rights and duties in order to avoid possible abuse by the company and ensure their safety and well-being during the internship.

Content Team Theadmin March 15, 2023