Is an intern entitled to vacation time? What does the law say?

Do you know if interns are entitled to vacation time?

What does the internship law say?

According to the Internship Law (Law No. 11.788/2008), interns are entitled to a paid leave period of 30 days for every 12 months of their contract, preferably coinciding with school holidays.

The break must be paid, meaning the intern is entitled to receive a regular stipend during this period.

However, it is important to point out that this recess period is not equivalent to the vacation time of employees with formal employment contracts.

While employees are entitled to 30 days of paid vacation for every 12 months of work, interns are only entitled to 30 days of paid leave for every 12 months of their internship contract.

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

Does every intern have the right to vacation time?

Contrary to what many employers believe, interns are entitled to a period of paid leave.

However, this period is not exactly equivalent to the workers' vacation time. CLT regime and it 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 worked for one year, they are entitled to 30 days of vacation, while if they worked for six months, they are entitled to 15 days.

Holiday combination

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

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

Furthermore, if the intern terminates the contract before the recess period, they will be entitled to receive the proportional amount for the recess period they would have been entitled to.

Why does this doubt exist?

The question of whether interns are entitled to vacation time arises because, unlike employees with formal employment contracts, interns are not governed by the Consolidation of Labor Laws (CLT), but rather by the Internship Law (Law No. 11,788/2008).

Since this law is more recent and less well-known than the CLT (Consolidation of Labor Laws), many students and even companies have questions about the rights and responsibilities of interns.

Furthermore, some companies may be unaware of their legal obligations regarding internships, which can lead to situations of exploitation of interns' labor.

For example, some companies may require interns to work more hours than permitted by law or fail to grant the paid leave period to which interns are entitled.

In 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 educational levels, whether as a way to complement their academic training or as an opportunity to start a professional career.

However, many interns and companies have questions about the rights and responsibilities of interns in relation to labor law.

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

According to the Law of Internship (Law No. 11,788/2008), interns are entitled to a paid leave period of 30 days for every 12 months of their internship contract, which may be granted in installments, provided that it does not prejudice 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 stipulated in the Internship Law, in order to guarantee a positive and enriching experience for the student, as well as the fulfillment of labor obligations by the company.

If the rights of interns are violated, it is possible to appeal to the Labor Court or the competent authorities to enforce their rights.

Final considerations

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

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

Content Team The Administrator

I am a member of the O Administrador team and I produce content about career, personal finance, financial education, productivity, and professional development. My goal is to share clear and practical information to help readers with their day-to-day decisions.

March 15, 2023

Business