Mandatory and non-mandatory internships: differences and rights

A mandatory internship (estágio obrigatório) is one required by the program's pedagogical project, and its required hours are a condition for passing and for receiving the diploma. A non-mandatory internship (estágio não obrigatório) is optional, added to the regular course hours, and in it the stipend (bolsa-auxílio) and transportation assistance (auxílio-transporte) are required. In both cases, Lei 11.788/2008 (Law 11,788/2008, the Internship Law), the internship agreement (termo de compromisso), and the educational institution's oversight apply.

What the law says

Article 2 of Lei 11.788/2008 defines the two types:

• Mandatory: provided for as such in the program's project, with hours required for passing and obtaining the diploma.
• Non-mandatory: an optional activity, added to the program's regular, mandatory hours.

In both types, the internship is a supervised school educational act (art. 1) and only rules out an employment relationship if there is enrollment and attendance, an internship agreement, and compatibility of activities (art. 3).

Main practical differences

1. Origin: in a mandatory internship, the requirement comes from the program. In a non-mandatory one, the decision is yours.
2. Stipend: in a non-mandatory internship, the stipend or other consideration and transportation assistance are compulsory (art. 12). In a mandatory one, the law allows but does not require granting them, and the amount depends on what is agreed.
3. Purpose: the mandatory internship fulfills the program's curriculum. The non-mandatory one complements your education and professional experience.
4. Hours: the mandatory internship counts toward completing the program. The non-mandatory one does not, unless the institution accepts it under its own rules.
5. Start: in both, the internship agreement must be signed before you begin.

Check the amounts and the break in Estágio: bolsa-auxílio, auxílio-transporte e recesso.

Rules common to both types

• Hours: set by mutual agreement, with limits by education level. In higher education, regular high school, and vocational education at the high school level, the maximum is 6 hours a day and 30 a week (art. 10).
• Duration: up to 2 years at the same company, except for interns with disabilities (art. 11).
• Insurance: the company takes out personal accident insurance (art. 9).
• Reports: the educational institution requires an activity report at intervals of no more than 6 months (art. 7).
• Health and safety: workplace health and safety rules apply to the intern (art. 14).

How to choose and what to ask

• Consult your program coordination to find out how many mandatory internship hours are required and in which semester.
• Ask whether a non-mandatory internship can be credited as a mandatory one, under your institution's rules.
• Check that the activities fit the program and that the schedule is compatible with classes.
• Ask for the internship agreement before the first day.

If something is wrong

If the company breaks the law, such as by not paying the stipend in a non-mandatory internship, requiring activities outside the program, or not signing the agreement, the intern can contact the program coordination and, if needed, the Ministério Público do Trabalho (Labor Prosecution Office) or the Justiça do Trabalho (Labor Court). The law provides that noncompliance may amount to an employment relationship (art. 15). See Estágio: direitos do estagiário pela Lei 11.788.

Frequently asked questions

Can a mandatory internship be unpaid?

The law does not require a stipend in a mandatory internship, but the parties may agree on one. Check what the internship agreement says.

Can I do both types at the same time?

It depends on your institution's rules and on compatibility with classes and the hours limits.

Does a non-mandatory internship count toward course hours?

Only if the educational institution provides for that credit. Ask the coordination.

Read also

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• Estágio: direitos do estagiário pela Lei 11.788
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