Internships in Brazil: intern rights under Law 11,788/2008

*An internship (estágio) is an educational activity governed by Law 11,788/2008 and does not create an employment relationship when it meets the legal requirements. Interns have limited hours, a 30-day recess, accident insurance and, in non-mandatory internships, a stipend and transportation allowance.* If the rules are breached, the internship may be recognized as employment.

Quick summary

• Hours: up to 6h per day and 30h per week (higher education, secondary and vocational); up to 4h and 20h (special education and the final years of primary school).
• Stipend and transportation allowance: mandatory in non-mandatory internships (art. 12).
• Recess: 30 days every 12 months, paid if there is a stipend (art. 13).
• Length: up to 2 years at the same company, except for people with disabilities (art. 11).
• Personal accident insurance is mandatory.
• Breach creates an employment relationship (art. 3, §2, and art. 15).

Requirements for a valid internship

1. Enrollment and regular attendance in a course.
2. An internship agreement between the student, the company and the educational institution.
3. Activities compatible with the course.
4. Supervision by an academic advisor and a supervisor at the company.

Signs that the internship has become employment

• Activities unrelated to the course.
• Hours above the limit or frequent overtime.
• Internship longer than 2 years at the same company.
• No internship agreement or supervision.
• Replacing permanent employees.

In these cases, you can ask for recognition of an employment relationship with all CLT rights (the CLT is Brazil's Consolidated Labor Laws) — see Pejotização and employment relationships, which explains the requirements for an employment relationship.

Step by step

1. Keep the internship agreement and activity reports.
2. Write down hours and tasks performed.
3. Check the stipend and transportation allowance every month.
4. Talk to your academic advisor about problems.
5. If not resolved, contact the educational institution or file a complaint with the Ministry of Labor.

Frequently asked questions

Are interns entitled to the 13th salary and FGTS?

No, if the internship is regular, because there is no employment relationship. If an employment relationship is recognized, yes. (FGTS is the Severance Indemnity Fund.)

Do interns get vacation?

They get a 30-day recess every 12 months, paid when they receive a stipend, preferably during school holidays.

Can an internship last more than 2 years?

Not at the same company, except for interns with disabilities.

Read more in this series

• Young apprentices: age, pay, working hours and rights
• Pejotização: when a PJ contractor is entitled to an employment relationship
• CLT worker rights: complete guide
• Evidence in a labor case: how to gather and organize it
• Index: complete guide to labor rights