Summer Job or Internship? How to Hire Students During the School Holidays

Not all summer jobs are internships, and the law clearly distinguishes between the two. Very short-term extracurricular professional internships differ from hiring students during school holidays, with each arrangement being subject to its own specific rules.

Is there a specific type of contract for students working during school holidays?

"Yes. The Labour Code provides a specific framework for hiring students during school holidays or other breaks in the academic calendar.

This is a genuine employment contract: the student performs work under the employer's authority and direction in exchange for remuneration."

Who can be hired under this arrangement?

"The individual must be genuinely enrolled at an educational institution, and the contract must run during the relevant school holiday or academic break.

The employer should obtain proof of enrolment and documentation confirming the dates of the school holidays. Where the student is a minor, the specific legal rules governing the employment of minors also apply."

Is hiring a student during the holidays enough on its own?

"The employer must also have a genuine temporary staffing need. This may include replacing employees who are on holiday, meeting seasonal demand, carrying out occasional tasks, or other temporary business requirements."

Does this contract have to be in writing?

"The law does not require this type of employment contract to be in writing. However, the employer must notify the Social Security authorities of the employee's recruitment and provide the student, in writing, with information on the main terms and conditions of employment.

This information should include, among other things, the duties to be performed, working hours, remuneration, start and end dates, the reason for the fixed-term hiring, and any probationary period. For clarity and evidential purposes, it is often advisable to include all of this information in a written contract."

What rights does a student employed under this arrangement have?

"The student is an employee of the company and is generally entitled to the same rights as other employees, including remuneration, rest periods, working time limits, and health and safety protection."

Is a summer internship different?

"Yes. So-called 'summer internships' may fall under the legal framework for extracurricular professional internships, which are primarily intended for training purposes. Their main objective is to develop or enhance the intern's skills and facilitate entry into, or transition within, the labour market.

An internship should not be used to fill a regular position or perform the company's ordinary day-to-day work."

Can this type of internship last only a few weeks?

"Yes. The law allows very short-term extracurricular professional internships lasting up to three months. The internship agreement must explain the reasons justifying such a short duration."

Does the internship agreement have to be in writing?

"Yes. The agreement must specify, among other things, the duration of the internship, the area of training, the tasks to be performed, working hours, the workplace, and any applicable allowances."

Can the internship be unpaid?

"As a general rule, interns are entitled to a monthly internship allowance of no less than 80% of the statutory minimum monthly wage.

For very short-term internships (up to three months), the internship allowance may be waived. However, the intern remains entitled to a meal allowance or meals, and the employer must provide occupational accident insurance."

How should the appropriate arrangement be chosen?

"The correct arrangement depends on the actual nature of the relationship.

Where the young person is integrated into the organisation, follows the employer's instructions, and performs work necessary for the company's operations, an employment contract should generally be used. Where the primary purpose is learning, supported by a structured training plan, supervision by a mentor, and tasks designed to develop skills, an extracurricular internship may be the more appropriate option.

The key principle is that the legal framework chosen must reflect the reality of the working relationship, rather than simply the label given to it by the parties."