Extracurricular internships, penalty provisions, and transitional provisions

News . 31/2022

In Note No. 1451 of July 11, 2022, the National Labor Inspectorate provides clarification regarding the regulations applicable to extracurricular internships that began before and continued after the entry into force of Budget Law No. 234 of December 30, 2021, providing guidance on the applicable penalties, as well as any potential contribution recoveries arising from internships conducted in a “fraudulent” manner.

As announced in our News January 18, 2022, Budget Law No. 234/2021, in Article 1, paragraphs 720 through 725, introduced significant changes regarding internships, stipulating that an agreement between the Government, the Regions, and the autonomous provinces of Trento and Bolzano, within the Permanent Conference, for the purpose of adopting new Guidelines (those currently in force date back to 2017).

Based on the premise that an internship is redefined as a training program that alternates between study and work, aimed at career guidance and vocational training and capable of improving the match between labor supply and demand, and that, if it is instrumental to the attainment of a formally recognized academic qualification, the internship is defined as “curricular,” the legislature has established the following criteria, which must serve as the starting point for drafting the new Guidelines:

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