Brussels Capital Region: a new internship contract

The Brussels Capital Region (BCR) introduces a new type of contract: the internship first work experience.

What is an internship first work experience?

The internship first work experience is an 'internship by which a non-working job-seeker who has registered with Actiris after his studies can acquire a first work experience and of which the aim is to directly and permanently insert the young worker on the labour market after his internship by removing the obstacles that might obstruct his access to that labour market.'

This internship must replace the 'stage de transition' (transition into work placement) in the BCR as it offers a better guidance to the young worker.

Who is entitled to such an internship?

The young person who wants to enter into an internship contract for a first work experience must, at the beginning of the internship:

• be younger than 30 years;
• hold at the most a diploma or certificate of higher secondary education;
• be domiciled in the BCR;
• be registered as a non-working job-seeker with Actiris for at least 78 days.

Can you conclude an internship contract?

Any employer can offer internships in the context of a first work experience.

Communicate your internship offers to Actiris.

What are the conditions for an internship contract for a first work experience?

Type of contract

It is an internship contract concluded between the trainee, the internship provider (you as employer) and Actiris.

This contract contains a guidance plan under cover. This plan contains at least:

• The relevant information concerning yourself;
• The internship conditions;
• The commitments of the 3 contracting parties.

Duration of the contract

The duration of the internship contract for a first work experience is at least 3 months and at most 6 months.

If the duration does not exceed 3 months Actiris can decide to:

• either renew the contract
• or propose a new internship

for a new period of 3 months. However, the total duration shall not exceed 6 weeks.

The trainee may ask to conclude a new internship contract when the internship has been ended prematurely on condition that the remaining period is at least to 3 months:

• either for reasons beyond his control;
• or because you have not observed the guidance plan;
• or by mutual agreement between the parties, after prior notice to Actiris.

Working time

The work schedule of the trainee corresponds to a full time equivalent that is applicable to the function in question in your activity branch.

How much does the trainee earn?

The trainee earns:

• An internship allowance of €26.82 per day at the expense of the BCR (Actiris);
• A monthly allowance of €200 at your expense.

These amounts can be re-adjusted annually.

The trainee must provide a certificate signed by you to Actiris as evidence of his presence. The internship allowance and monthly allowance shall not be granted for the unjustified days of absence of the trainee.

Is the trainee liable to the NSSO?

The monthly allowance of €200 that you must pay is not liable to NSSO contributions.

You must submit a Dimona, type DWD (with worker type 'TRI').

What are your obligations?

• Before the internship begins you must insure the trainee against accidents at work and accidents on the way to and from work. You must also take out a civil liability insurance for any damage that the trainee may cause to third parties during the performance of his tasks. In the case of damage caused by the trainee during the execution of his contract, the trainee shall only be liable when he has committed fraud, a serious error or a slight error of which the nature is rather regular than accidental.
• You must observe the Act of 4 August on the welfare of workers in the performance of their work and its implementing measures.
• At the end of the internship you must together with the trainee objectify the achievements of the trainee and complete an evaluation form. The form must be provided to the trainee and Actiris.

When will sanctions be imposed?

If you do not observe the contract, the guidance plan or the statutory provisions, you can be severely sanctioned by Actiris.

Actiris can decide to prohibit you from employing a trainee for at least 1 year and at the most 5 years:

• if you do not observe your insurance obligations or the provisions of the law on welfare;
• if you do not pay the monthly allowance;
• if you terminate the internship prematurely and the termination is insufficiently substantiated. You may then be obliged to pay the trainee the allowance (calculated on the basis of a full-time employment) that is due for the remaining part of the internship which was not carried out;
• if the contract or the guidance plan has not been observed.

Actiris may also decide to immediately remove all trainees who are still active in your company at the time of this decision.

When can you make an internship contract for a first work experience?

The date of entry into force has not yet been determined. The date must be determined by the Minister of Work.

The edict of 10 March 2016 provides for the abolition of the 'stage de transition' in the BCR. The date on which this abolition will become effective has not yet been published either. The internships which have started before this date will continue to be regulated by the current provisions.

Sources: Decree of the Brussels Capital Region of 29 September 2016 concerning the internship first work experience, Belgian Official Gazette of 14.10.2016; Edict of 10 March 2016 concerning internships for job-seekers, Belgian Official Gazette of 23.03.2016.