Labour Law Status of a Trainee

Abstract

Because of the high rates of youth unemployment, governments and international organisations are searching ways to help the youth to enter into the labour market. Among other means, traineeships are promoted for this purpose. However, the legal status of trainees is not clear. The twofold nature of a traineeship (including working as well as learning) makes it difficult to determine whether a trainee should be regarded as an employee or should be left outside the scope of labour laws. This article attempts to answer this question. As a result, it is concluded that it is difficult to distinguish trainees from employees on the basis of traditional characteristics of an employment relationship. It is suggested that the legislature and courts should work out other criteria for distinguishing between trainees and employees (possibly according to the example of the US) or consider the explicit exemption of trainees from the regulation of labour laws and to provide separate regulation of traineeships.