| | | | INTERNSHIP AGREEMENT University Year 2011/2012
Foreword: Internships excluding those in public administrations and establishments for the management of non-industrial and non-commercial issues: The signatories to the present internship agreement hereby acknowledge that they have read and understood article 9 of modified statute n°2006-396 concerning equal opportunities and its application decrees, statute n° 2009-1437 of 24 November 2009 concerning educational and vocational guidance and lifelong professional training, as well as the Internship Charter (appendix 1), the principles of which they agree to.
Internships in public administrations and establishments for the management of non-industrial and non-commercial issues: the signatories to the present internship agreement hereby acknowledge that they have read and understood decree 2009-885 of 21 July 2009 concerning the reception of students in higher education on internships in public administrations and establishments for the management of non-industrial and non-commercial issues. By and between The institute of higher education: Name of Institute : Universite Paris Est Creteil Val de Marne
Address : 61 avenue du General de Gaulle, 94010 – CRETEIL Cedex FRANCE Represented by : Monsieur Gaubert Patrice Position of representative: Head of Bachelor curriculum (3rd year) Section/Training-Research Institute: Faculty of Economics and Management Department: Economics Telephone: 01. 41. 78. 47. 25 Fax: 01. 41. 78. 46.
Telephone: ……………………….. Fax: ………………………………… email:…………………………………………….. And student trainee: Miss ( Mrs ( Mr ( Surname : First Name(s) : Date of birth : / / Address: Telephone: …………………………. email: ………………………………………. Title of course or programme followed at the institute of higher education: SUBJECT of the INTERNSHIP : (Or activities assigned) DATES OF INTERNSHIP : From: To: DURATION OF INTERNSHIP : hours or weeks or months (delete as necessary) Or in DAYS :
Please note: Text in bold or italics applies to internships in public administrations and establishments. Trainee to be supervised by: |The institute of higher education represented by: | |Receiving organization represented by: | |Surname: | | |Surname: | | |First Name: | | |First Name: | | Post: | | |Post: | | |Tel: | | |Tel: | | |email: | | |email: | | Health insurance organization to be contacted in the event of accident (by default, at student’s usual place of residence): Article 1: Subject of the agreement
The present agreement governs relations between the receiving organization (company, public institution, association, etc. ), the institute of higher education and the trainee. Article 2: Objective of internship The aim of the internship is for the student to put into practice the theoretical and methodological tools acquired during his/her training, to assess his/her competence and to support his/her career plan. Thus the objective of the internship is to prepare the way for the student’s professional career via greater familiarity with the world of work.
The internship fits into the student’s training and his/her personal and professional life project. It is part of his/her pedagogical programme. The internship course is drawn up jointly by the educational institute and the receiving organization according to the general training programme followed. The subject of the internship and/or activities assigned are detailed on page 2 of this agreement. Article 3: Internship Details The time per week spent by the trainee in the company shall not exceed 35 hours. The internship is full time/part time (delete as applicable) – If part-time specify the proportions: ……………………………………… .. If the trainee is required to be present in the receiving organization at night, on Sundays or on public holidays, that organization must provide the exact details below: Article 4: Trainee’s status – Reception and supervision For the duration of his/her internship in the receiving organization, the student retains his/her previous status. The educational institute shall regularly monitor his/her progress. The receiving organization shall assign a receiving organization tutor responsible for monitoring and optimizing the conditions in which the internship is conducted.
The student shall be able to attend the educational institute during the internship in order to follow certain courses explicitly required by the programme and to participate in meetings. The educational institute shall inform the receiving organization of the dates and, if necessary, the student shall receive authorization to attend. The details of the trainee’s supervision (educational institute tutor and receiving organization tutor) are detailed on page 2 of this agreement. Article 5: Remuneration – Payment in kind – Refund of expenses
Internships lasting longer than two consecutive months must be remunerated when they take place in a private or state institution, in an association, or in a public establishment for the management of industrial and commercial issues, in France. Internships lasting longer than two consecutive months and totalling at least 40 days presence must be remunerated when they take place in an administration or public administrative establishment, in France. The remuneration is set according to the sector or professional agreement, and shall by default equal 12. % of the French Social Security hourly rate defined in compliance with article L 241-3 of the French Social Security code. Internships in administrations or in public administrative establishments must be remunerated in compliance with the above-mentioned rate. Students can be remunerated for internships lasting two months or less, in private or state enterprises or in associations, in France. Remuneration amount: …………………………………… Remuneration mode of payment: ………………………………………………………………….. …………………………………………………………………..
If the trainee receives fringe benefits (free meals for example), their total value shall be added to the total monthly remuneration before comparison with the 12. 5% French social security reimbursement limit that applies to the legal 35-hour working week. Transport and accommodation costs paid by the student at the request of the receiving organization, plus any training costs incurred due to the internship, shall be wholly refunded by that organization in accordance with their applicable terms and conditions.
Employee benefits entitlement: For internships in administrations or public institutions for the management of administrative issues, the student’s internship-related expenses shall be paid in compliance with decree 2006-781. The trainee’s administrative residence shall be the receiving organization. For internships in state administrations or public institutions for the management of administrative issues: commuting fares shall be paid in accordance with decrees N°82-887 and N°2006-1663: please give details) Article 6: Social security For the duration of the internship the student retains his/her student status, and remains affiliated to his/her prior social security system. For internships taking place abroad, the student must inform, and receive the authorization of, French social security prior to his/her departure. The following provisions, where in compliance with the laws in the receiving country and those regulating the type of receiving organization, are applicable: 6. Remuneration lower than or equal to 12. 5% of the hourly French social security reimbursement limit multiplied by the number of internship hours completed during the relevant monthly period: In this case, in compliance with the regulations in force, internship remuneration shall not be subject to French social security contribution. The student retains his/her insurance rights regarding work-related accidents, in accordance with article L 412-8-2 of the French Social Security student charter.
In the event of accident suffered by the student, either in the course of his/her duties in the organization, or while commuting, or in places he/she is required to be for his/her internship and for students of medicine, dentistry or pharmacy who are not hospital staff, while completing their hospital internship, the conditions of which are defined in section 20b of Article L. 412-8, the receiving organization shall send a report to the student’s health insurance agency (address on page one) naming the educational institute as the employer, and forward a copy to that institute. . 2 Remuneration higher than 12. 5% of the hourly French Social Security reimbursement limit multiplied by the number of internship hours completed during the relevant monthly period: The amount of contribution shall be based on the difference between the amount of the remuneration and 12. 5% of the French Social Security reimbursement limit applicable to the legal 35-hour work week. The student shall enjoy social security coverage pursuant to the provisions of article L 411-1 and subsequent articles of the French Social Security code.
In the event of accident suffered by the student, either in the course of his/her duties in the organization, or while commuting, or in places he/she is required to be for his/her internship, the receiving organization shall undertake all the procedures required by the student’s Regional Health Insurance Agency and inform the educational institute as soon as possible. 6. 3 Trainee health insurance abroad: 1) French Student Health Insurance: – Students from European Union member states on internships within the European Economic Area (EEA) must request a European Health Insurance Card (EHIC). Students with French nationality on internships in Quebec must request form SE401Q (SE401Q-104 for internships in a private company, SE401Q-106 for internships at a university). – In all other cases: Medical expenses paid by the student abroad may be refunded by the student’s mutual insurance company, which stands in for their student Social Security centre, upon their return and upon presentation of proofs of payment: in such cases refund is based on fixed French healthcare rates, so the refund differential may be significant. Students are therefore strongly advised to take out a specific complementary health insurance policy, valid for the receiving country and for the duration of the internship. They are free to choose their own insurance company; either a student mutual insurance company, or their parents’ mutual insurance company, or any other appropriate private insurance company. • Exception: if the receiving organization provides the student with health insurance in application of local regulations (see section 2 below), the student may opt for this local sickness benefit scheme.
Before making this choice, he/she must carefully review the extent of coverage. 2) Health insurance provided by the receiving organization: The receiving organization can indicate whether they provide health insurance for the trainee, in accordance with local regulations, by checking one of the boxes below: ( Yes (the local student health insurance supplements French Social Security student health insurance abroad) ( No (coverage is provided only by French Social Security student health insurance abroad)
If neither the YES nor the NO box has been checked, section 6. 3 1) applies. 6. 4 Trainee’s health insurance coverage for work-related accidents while abroad: 1) In order to benefit from French Social Security coverage for work-related accident the present internship must; – Not exceed a duration of 12 months, including extensions. – Not lead to any compensation entitling the trainee to social security coverage for work-related accidents in the foreign country (a remuneration or allowance equal to 12. % of the hourly French Social Security reimbursement limit applicable to the legal 35-hour work week may be granted with the agreement of the Regional Health Insurance Agency). – Take place entirely on the premises of the receiving organization committed to this agreement. – Take place entirely in the named host country. If these conditions are not met, the receiving organization undertakes to pay for the trainee’s health insurance and to complete all the formalities required in the event of a work-related accident. ) The receiving organization must report work-related accidents to the educational institute in writing within 48 hours, as the latter is legally responsible for the official accident report. 3) The social security covers accidents occurring: – On the premises where the internship takes place during internship hours. – On the usual way from, or back to, the trainee’s place of residence in the host country and the location where the internship takes place. – On the way from, or back to, the trainee’s home in France and his/her place of residence abroad (start and end of internship period). During a mission assigned by the receiving organization, for which a written order must be issued. 4) Should one of the conditions listed in point 6. 4 1/ not be met, the receiving organization hereby undertakes to provide coverage for the trainee against work-related accident, accident during commuting and work-related illness, and to complete all the formalities required. 5) in all cases: – If the student suffers a work-related accident in the course of his/her internship duties, the receiving organization must immediately notify the educational institute of the accident. If the student performs restricted missions outside the receiving organization or outside the host country, the receiving organization must take all the necessary steps to provide him/her with adequate insurance coverage. Article 7: Liability insurance and guarantees The receiving organization and the student hereby confirm that they are covered by liability insurance. Regardless of the type of internship and the host country, the trainee agrees to subscribe to a medical insurance policy covering medical repatriation, legal aid, etc. and to an individual accident insurance policy.
Should the receiving organization provide the trainee with a vehicle, it is the organization’s duty to ensure that the vehicle insurance policy covers its use by a student. If during the internship the student uses his/her own vehicle, or one lent by a third party, he/she shall expressly report the use he/she is obliged to make of the vehicle to the company insuring the vehicle and, if necessary, pay the relevant fee. Article 8: Code of conduct During his/her internship the student must comply with the code of conduct and the internal regulations of the receiving organization (which must be made known to the student), specially in regard to working hours and the health and safety regulations in force in the receiving organization. Disciplinary action can only be taken by the educational institute. In such case the receiving organization shall inform the educational institute of any failure, and provide them with all the relevant details. In cases of particularly serious failure to comply with the code of conduct, the receiving organization reserves the right to terminate the student’s internship in accordance with the provisions of article 9 of the present agreement.
Article 9: Absence and suspension of internship All the parties involved must be informed of any difficulty arising during the internship so that it may be resolved as quickly as possible. Temporary suspension: During the internship, the trainee can be granted leave periods with the agreement of the receiving organization and inasmuch as the internship duration requirement is met. For any other temporary suspension of the internship (illness, maternity leave, unjustified absence, etc. ) the receiving organization shall inform the person responsible at the educational institute by mail.
Final suspension: Should one of the three parties involved (receiving organization, educational institute, or student) wish to suspend the internship permanently, that party must immediately inform the other two in writing. The reasons given will be closely reviewed by the Parties. The final decision to suspend the internship will only be taken after this review. Article 10: Duty of Discretion and Confidentiality Discretion is an absolute obligation. Thus the student-trainees agree not to use, for any purpose, the information they gather or obtain, for publication, or communication to third parties, without the rior agreement of the receiving organization. This includes the contents of their own internship report. This undertaking shall be valid not only for the duration of the internship but also after it has finished. The student hereby agrees not to keep nor take away nor copy any document or software program, of any kind, belonging to the receiving organization, without their prior consent. N. B. Due to the confidential nature of the information contained in the internship report, the receiving organization may require that circulation of the report be restricted, or even that some strictly confidential elements be withdrawn.
All persons made aware of these elements are bound by professional confidentiality to neither use nor disclose the information in the report. Article 11: Intellectual Property In compliance with the French Intellectual Property code, should the trainee, in the course of his/her work, produce an original creation (including a software product) protected by copyright or industrial property rights, and should the receiving organization wish to exploit it and the trainee agree, a contract between the trainee (author) and the receiving organization will need to be signed.
The following elements in particular must be specified; the extent of rights ceded, possible exclusivity, the final use, the media used and the duration of the cession, as well as, if need be, the amount of remuneration due to the student by right of the cession. This clause also applies in the case of internships in receiving organizations in the public sector. Article 12: Employment Should a work contract with the receiving organization become effective before the end of the internship, the present agreement will be null and void; the educational institute will no longer be responsible for the “student”.
It will therefore be essential to inform that institute before signing the contract. Article 13: End of internship – Report & Assessment Upon completion of the internship the receiving organization issues the trainee with an Internship Attestation and completes an Assessment Sheet on the trainee’s work (see appendix) which the trainee must submit to the institute of higher education. On completion of his/her internship the student must: (specify the nature of the work to provide, possibly adding an appendix) If necessary, specify the details of internship validation:
Number of ECTS credits: …………………………………….. Internship Quality assessment: On completion of the internship, the three parties involved are to write an assessment of the quality of the internship. Neither the receiving organization tutor nor any other member of the receiving organization required attend the educational institute to prepare, supervise or validate the internship may claim any financial support or compensation from that institute. An amendment may be added to the agreement should the receiving organization and the student request an extension of the internship.
Unless there is special dispensation, the date of the end of the internship (including any extension) must not be later than September 30 of the current year. Article 14: Applicable Law and Competent Jurisdiction This agreement is governed exclusively by French law. Any litigation that cannot be resolved by mutual consent shall be submitted to the competent French court. Location: …………………………………… Date: ………………………. |For the institute of higher education | |For the receiving organization | |For the student | (Representative’s name and signature) | |(Representative’s name and signature) | |(Name and signature) | | | | | | | | | | | | | | | | | | | | | | | | |TUTORS’ SIGNATURES | |Educational Institute tutor | |Receiving Organization tutor: | |(Representative’s name and signature) | |(Representative’s name and signature) | | | | | | | | ———————– Appendix 1: internship charter / Appendix 2: Assessment sheets/ Appendix 3: to be provided by the student: third party liability insurance certificate