Legal regulation of employee internship as a manifestation of labour mobility

Abstract

In the article, the author proves that an internship can manifest an employee’s labour mobility when it is carried out within the framework of employment relations as a qualification improvement, additional activity, and flexibility of the employee in professional development and growth. Internship of employees is carried out with the aim of gaining practical experience of the person in the performance of production tasks and duties at the workplace at the enterprise after theoretical preparation before starting independent work under the direct supervision of an experienced employee. The internship is also one of the components of high-risk employment, and can also be the basis for obtaining a permit (certificate, license, etc.) to carry out a certaintype of professional activity.
 The article establishes that a special legal mechanism for internships is provided for employees of certain categories, for example, for civil servants, academic staff and pedagogical employees, etc.
 It was determined that the purpose of the internship is for a person to gain practical experience in performing tasks and duties at the workplace before starting independent work under the direct supervision of an experienced specialist or already in the process of working with the aim of expanding the list of professional competencies, i.e. as a manifestation of the employee’s labour mobility.
 In the article, the author argues that the condition of an employee’s internship should be specified in the employment contract. And therefore, this would mean that this condition would be an additional condition of the employment contract, and after its conclusion, it would, accordingly, become mandatory for the parties to perform. And as a result, the relationship that arose during the fulfilment of this condition is labour, and the contract would not be recognized as a contract for the provision of services.
 If the internship condition did not arise during the conclusion of the employment contract, but later, in such a case, we believe that an additional agreement should be concluded to the employment contract, in which the internship condition should be prescribed. If internships were to be regulated in this way, then, firstly, it would guarantee labour mobility for employees, secondly, the relations that arose during such an internship would be regulated exclusively by the norms of labour law, and accordingly, responsibility would follow under the labour legislation. thirdly, it would protect employers from non-fulfilment of the conditions for completing an internship and working for a certain period of time at this particular employer who paid for the internship.