Trainee Rights and Training Rules for Canada and US

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The new framework for practical training sets clear limits on the number of employees who can participate. It states that no more than twenty percent of a company’s workforce may be in hands-on training programs at any given time. This figure is paired with provisions for fair compensation during holidays and vacations, covering relevant expenses as defined by the latest guidance from the Ministry of Labor on trainee status.

In a development that aligns with formal negotiations, the document has already received approval from the CCOO executive branch. UGT intends to formalize its position soon, after which the Labor Department and unions will finalize a deal that employers represented by CEOE may not participate in.

The most recent draft, introduced after negotiations began last April, creates a structured set of rights for participants in practical training programs. It outlines reimbursement for essential costs incurred during training, including travel, lodging, and care expenses, to ensure participants are not financially burdened while learning.

The package also clarifies that employers are not required to cover these costs if other scholarships or grants are available to the trainee, or if the training is paid and the fee level already reflects compensation. It is noted that reimbursements, where applicable, should meet a minimum standard to ensure meaningful support.

An explicit commitment has been made to observe reasonable boundaries and rest periods.Training activities are not slated for night hours or irregular shifts, except in rare circumstances where the learning plan cannot be completed within conventional hours.

Additionally, workers will be entitled to access all workplace services under the same terms as other staff. This includes on-site dining facilities, recreational spaces, parking, and related amenities that contribute to a supportive training environment.

The draft specifies staffing limits for instructors, allowing up to five participants per instructor. In smaller firms with fewer than thirty employees, the limit tightens to three trainees per instructor, ensuring closer supervision and better learning outcomes.

A critical rule reiterates that the number of individuals in hands-on training cannot exceed twenty percent of total staff in any scenario. Yet the proposal permits a company to run hands-on training with two participants when the overall workforce is smaller, providing a flexible option for smaller businesses to participate in practical education without overextension.

Social Security provisions related to the trainee scholarships are described as subject to further normative development. The framework aims to clarify contributions and entitlements as the program evolves, with a focus on consistent benefits for participants across sectors.

CCOO emphasizes that non-work-related internship applications should only be considered when they are part of the formal curriculum. Securing official credentials is a priority for unions, given that extracurricular internships have historically carried higher risk and less protection for participants.

Training contracts specified in Article 11 of the Workers’ Regulations will remain the mechanism for most applications, whether as an alternative training contract or a contract for the acquisition of professional practice agreed upon during the job reform last year. A transitional arrangement will be in place: existing agreements can continue through December 31, 2023, with universities given three years to align their extracurricular practices with the new law.

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