Internships: stipend, transportation assistance, and the 30-day break

In a non-mandatory internship, the stipend (bolsa-auxílio) and transportation assistance (auxílio-transporte) are required. An intern who stays one year or more at the same company is entitled to a 30-day break (recesso), preferably during school vacations, and if there is a stipend, the break is paid. In shorter internships, the break is proportional to the period worked.

What Lei 11.788/2008 says

Article 12 of the law deals with the stipend and transportation. The intern may receive a stipend or other agreed consideration, and granting it is mandatory in a non-mandatory internship, as is transportation assistance. Article 13 deals with the break.

• Internship of 1 year or more: 30 days of break.
• Internship of less than 1 year: proportional break.
• If there is a stipend, the break is paid.
• The break must preferably be taken during school vacations.

Stipend

The law does not set a minimum stipend amount. The amount is agreed between the parties and appears in the internship agreement (termo de compromisso). It may vary depending on the company, the program, and the hours.

• The stipend is not salary, and the intern is not a CLT (Consolidação das Leis do Trabalho, Brazilian Labor Code) employee.
• Transportation, food, and health benefits granted to the intern do not create an employment relationship (art. 12, § 1).
• Check in the agreement whether the stipend is proportional to hours and attendance.
• Keep your payment receipts.

Transportation assistance

Unlike the vale-transporte (transportation voucher) for employees, the intern's transportation assistance is provided for in Lei 11.788 and is mandatory in a non-mandatory internship. See the rule for CLT employees in Vale-transporte: quem tem direito e desconto de 6%.

Proportional break

The law provides for a proportional break in internships of less than one year, but does not give a ready-made calculation formula. For that reason, confirm in the internship agreement and with the educational institution how the company applies the rule, before you start and also before you end the internship.

The break in practice

1. Agree with the company and the educational institution on the break dates.
2. Prefer the school vacation period, as the law indicates.
3. Check that the stipend amount is maintained during the break days.
4. If the internship ends before you take the break, ask the company and the institution how the proportional break will be handled (art. 13).

The break is not the same as CLT vacation. To understand employee vacation, see Férias CLT: regras, divisão, venda e pagamento.

Social security and insurance

In addition to the stipend, the company must take out personal accident insurance for the intern (art. 9). The student may contribute to the Previdência Social (Social Security) as an optional contributor (art. 12, § 2).

If the company does not comply

• First contact the supervisor and the people department by email, to leave a record.
• Inform the educational institution, which must monitor compliance with the agreement (art. 7).
• If there is no resolution, contact the Ministério Público do Trabalho (Labor Prosecution Office) or the Justiça do Trabalho (Labor Court).
• Keeping interns in violation of the law may amount to an employment relationship (art. 15).

Frequently asked questions

Do interns get a 13th salary and FGTS?

Lei 11.788 does not provide for a 13th salary or FGTS (Fundo de Garantia do Tempo de Serviço, Severance Fund) for interns. If the internship is irregular and recognized as an employment relationship, employee rights apply.

Can the break be paid out in cash?

The law provides for the break to be taken, preferably during school vacations. If the internship ends before that, check the internship agreement and consult the educational institution.

Can absences be deducted from the stipend?

It depends on what was agreed in the internship agreement. Check the rule before signing.

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