Mixed Nordic reception for EU traineeship directive

The governments of Denmark and Finland largely share the Swedes’ view on the substance but do not reject the proposal quite as categorically.

The directive has two objectives. First, member states must ensure that trainees do not receive lower pay and other working conditions than regular employees in the same workplace unless it is objectively justified.

Second, the member states' authorities should use inspections and controls to prevent regular employment from being "disguised" as traineeships, ensuring that workers do not end up with worse conditions than they rightfully should enjoy.

The proposal lists several circumstances that authorities should investigate to determine whether a supposed internship is actually regular employment. For example: Does the job include a learning or training component? Is the traineeship period unreasonably long? Or does a disproportionately large share of the employer's workforce consist of trainees?

The Swedish parliament argues that the directive is not needed at all – it offers no added value. The proposal does not take into account the vastly different conditions and needs of different member states, the parliament argues. 

Therefore, in June, it decided to submit a reasoned opinion, a "yellow card," explaining that the proposal violates the principle that the EU should only adopt regulations if a goal cannot be achieved as effectively by the member states themselves.

Both the Danish and Finnish governments, however, express their support for the proposal – in principle. However, in substance, they largely raise the same objections to the content as the Swedes do.

All three countries point out that traineeships are an important component of both vocational and academic education and argue that the directive should not interfere with national education systems. 

Denmark and Sweden stress that it is the sole responsibility of member states to design their education systems and that the EU does not have the competence to intervene in this matter.

They all also underline that the social partners are the ones who establish wages and other employment conditions covering trainees and that it is primarily the social partners, not authorities, who oversee the enforcement of these conditions. 

For the Nordic countries to support the directive, it cannot limit the social partners' scope of action.

Sweden is the only country to have issued a yellow card against the directive. In the upcoming negotiations on the proposal, where Sweden will of course participate, the Nordic countries are likely to largely align their positions – despite the differing tones in their respective statements.