LEI No. 11,788, OF September 25, 2008.

Disposes about the student internship; changes the essay of the art. 428 of the Consolidation of Labor Laws-CLT, approved by the Decree-Law n^o 5,452, from 1^o of May 1943, and the Law n^o 9,394, of December 20, 1996; repeal the Laws n^os 6,494, of December 7, 1977, and 8,859, of March 23, 1994, the single paragraph of the art. 82 of Law n^o 9,394, of December 20, 1996, and the art. 6^o of the Interim Measment n^o 2.164-41, of August 24, 2001; and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

CHAPTER I

OF THE DEFINITION, CLASSIFICATION And INTERNSHIP RELATIONS

Art. 1^o Stage is school educational act supervised, developed in the working environment, which aims at preparing for the productive work of educandums who are attending regular teaching in higher education, vocational education, high school education institutions special and of the final years of elementary education, in the professional modality of youth and adult education.

§ 1^o The internship is part of the pedagogical project of the course, in addition to integrating the formative itinerary of the educating.

§ 2^o The internship aims at learning of the activity's own competencies professional and curriculum contextualization, objecting to the development of educating for citizen life and for work.

Art. 2^o The internship may be mandatory or non-mandatory, as per determination of the curricular guidelines of the step, modality and teaching area and the pedagogical project of the course.

§ 1^o Required stage is that defined as such in the course project, whose hourly load is requirement for approval and obtaining of diploma.

§ 2^the Non-mandatory Stage is that developed as optional activity, increased to regular and compulsory hourly load.

§ 3^o The activities of extension, of monitoring, and of scientific initiation in higher education, developed by the student, will only be able to be equated to the internship in case of prediction in the pedagogical project of the course.

Art. 3^o The internship, both in the "1^o " hypothesis of art. 2^o of this Law as in the envisaged in § 2^o of the same device, does not create employability bonding of any nature, observed the following requirements:

I-matriculation and regular frequency of educating in higher education, vocational education, teaching medium, special education and in the final years of elementary education, in the professional modality of the education of young people and adults and attested by the educational institution;

II-celebration of term of engagement between educating, the conceptual-stage conception and the educational institution;

III-compatibility between the activities developed at the stage and those foreseen in the term of commitment.

§ 1^o The internship, as supervised school educational act, should have effective follow-up by the teaching institution's guiding teacher and by supervisor of the conceded part, proven by visas in the reports referred to in the inciso IV of the art's caput. 7^o of this Act and by mention of final approval.

§ 2^o The defulfillment of any of the incisos of this article or of any obligation contained in the term of commitment characterizes employment bond of the educating with the conceptuary part of the internship for all the purposes of the labor and pension legislation.

Art. 4^o The realization of internships, pursuant to this Law, applies to the foreign students regularly enrolled in higher courses in the Country, authorized or recognised, observed the term of the temporary student visa in the form of applicable law.

Art. 5^the The educational institutions and the ceding parts of internship may, at their discretion, resort to services of public and private integration agents, upon conditions agreed upon in appropriate legal instrument, and should be observed, in the case of contracting with public resources, the legislation establishing the general bidding standards.

§ 1^o Cabe to the integration agents, as auxiliaries in the process of improvement of the institute of the internship:

I-identify internship opportunities;

II-adjust its conditions of realization;

III-do the administrative follow-up;

IV-forwarding insurance trading against personal accidents;

V-cadastrate the students.

§ 2^o It is vetted the collection of any value of the students, in the title of remuneration for the services referred to in the incisos of this article.

§ 3^o Integration agents will be held civilly accountable if they indicate trainees for the realization of activities not compatible with the curriculum schedule established for each course, as well as trainees enrolled in courses or institutions for which there is no curriculum internship forecast.

Art. 6^o The stage location can be selected from enrollment of ceding parts, organised by the educational institutions or the integration agents.

CHAPTER II

FROM INSTITUTION OF TEACHING

Art. 7^o Are obligations of educational institutions, in relation to the stages of your educands:

I-celebrate term of commitment to the educating or with its representative or legal assistant, when it is absolute or relatively incapable, and with the granting party, indicating the conditions of suitability of the internship to the pedagogical proposal of the course, the step and modality of the school formation of the student and the time and school schedule;

II-evaluate the premises of the party conceding of the internship and its suitability for the cultural and professional training of the educating;

III- indicate advisor teacher, from the area to be developed at the internship, as responsible for the monitoring and evaluation of the trainee activities;

IV-requiring of the educating the periodic presentation, within no more than 6 (six) months, of report of the activities;

V-ensure fulfilment of the term of commitment, reorienting the trainee to another location in the event of defulfillment of its standards;

VI-elaborating complementary standards and instruments of evaluation of the stages of their educands;

VII-communicating to the concepting part of the internship, in the start of the school period, the dates of achievement of school evaluations or academics.

Single paragraph. The trainee's activity plan, drawn up in agreement of the 3 (three) parts to which the inciso II of the art caput refers to the art. 3^o of this Act, will be incorporated into the term of commitment by means of additives as it is evaluated, progressively, the performance of the student.

Art. 8^o It is provided to the educational institutions to celebrate with entes public and private internship concession arrangements, in which they explain the educational process understood in the activities scheduled for their educandums and the conditions of which they treat the arts. 6^o to 14 of this Law.

Single paragraph. The celebration of internship concession arrangements between the educational institution and the granting party does not waive the celebration of the term of commitment that it treats the inciso II of the art caput . 3^o of this Law.

CHAPTER III

DA PART CONCEDING

Art. 9^o The legal persons of private law and the organs of the direct, municipal, and the public administration of any of the Powers of the Union, the States, the Federal District and the Municipalities, as well as senior level liberal professionals duly registered in their respective professional watchdog advice, can offer internship, observed the following obligations:

I-celebrate term of commitment to the institution of teaching and educating, zelando by its fulfillment;

II-offer facilities that have the conditions of providing by educating social learning activities, professional and cultural;

III-appoint employee of your staff frame, with training or professional experience in the area of expertise developed in the course of the trainee, to guide and supervise up to 10 (ten) trainees simultaneously;

IV-hire in favor of the safe trainee against personal accidents, the policy of which is compatible with market values, as it is established in the term of commitment;

V-on the occasion of the trainee's shutdown, deliver term of realization of the stage with summary indication of the developed activities, of the periods and of the performance evaluation;

VI-keep at the disposal of the surveillance documents that prove the internship relationship;

VII-send to the educational institution, with minimum periodicity of 6 (six) months, report of activities, with a mandatory view to the trainee.

Single paragraph. In the case of mandatory internship, the responsibility for insurance contracting that it treats the inciso IV of the caput of this article can alternatively be taken up by the educational institution.

CHAPTER IV

FROM THE TRAINEE

Art. 10 A The journey of activity in stage will be defined by common agreement between the educational institution, the conceding part and the trainee student or their legal representative, and must appear in the term of commitment to be compatible with school activities and not to overcome:

I-4 (four) hours daily and 20 (twenty) weekly hours, in the case of special education students and the final years of the fundamental education, in the professional modality of education of young people and adults;

II-6 (six) hours daily and 30 (thirty) weekly hours, in the case of students of higher education, middle-level vocational education and regular high school.

§ 1^o The stage pertaining to courses that alternate theory and practice, in the periods where no presential classes are scheduled, you will be able to have journey of up to 40 (forty) weekly hours, provided that this is planned in the pedagogical project of the course and the educational institution.

§ 2^o If the educational institution adopts periodic learning checks or endings, in the evaluation periods, the hourly load of the internship will be reduced by at least half, second stipulated in the term of commitment, to ensure good performance of the student.

Art. 11 A The duration of the internship, in the same conceding part, will not be able to exceed 2 (two) years, except when it comes to trainee bearer of disability.

Art. 12 The trainee will be able to receive scholarship or other form of contraption that comes to be agreed upon, being compulsory for its concession, as well as that of the transport stamp, in the non-compulsory internship hypothesis.

§ 1^o The eventual grant of benefits related to transportation, food and health, among others, does not characterize employer-like linkage.

§ 2^o You can educate you to sign up and contribute as an optional insured person of the General Regime of Social Security.

Art. 13 It is ensured to the trainee, whenever the internship has equal duration or greater than 1 (one) year, recess period of 30 (thirty) days, to be enjoyed preferentially during your school holidays.

§ 1^o The recess of which it treats this article should be remunerated when the trainee receive scholarship or other form of contraption.

§ 2^o The days of recess provided for in this article will be granted in a proportional manner, in cases of the internship having duration less than 1 (one) year.

Art. 14 Applies to the trainee the legislation related to health and safety in the work, being its implementation of responsibility of the conception part of the internship.

CHAPTER V

DA SURVEILLANCE

Art. 15 A maintenance of trainees in discompliance with this Lei characterizes employment bond of the educating with the conceptuary part of the internship for all the purposes of the labor and pension legislation.

§ 1^o The private or public institution that re-focuses on the irregularity that treats this article will be prevented from receiving trainees for 2 (two) years, counted from the date of the final decision of the corresponding administrative procedure.

§ 2^o The penalty of which it treats § 1^o of this article is limited to the branch or agency in which the irregularity is committed.

CHAPTER VI

DAS GENERAL PROVISIONS

Art. 16 The term of commitment is to be signed by the trainee or with his / her representative or legal assistant and the legal representatives of the granting party and the educational institution, vetted the acting of the integration agents referred to in art. 5^o of this Act as a representative of either party.

Art. 17 The maximum number of trainees in relation to the personnel frame of the stage conceding entities should meet the following ratios:

I-from 1 (one) to 5 (five) employees: 1 (one) trainee;

II-from 6 (six) to 10 (ten) employees: up to 2 (two) trainees;

III-from 11 (eleven) to 25 (twenty five) employees: up to 5 (five) trainees;

IV-above 25 (twenty five) employees: up to 20% (twenty percent) of trainees.

§ 1^o For the purpose of this Act, the staff framework is considered to be the set of employees existing employees in the establishment of the internship.

§ 2^o In the hypothesis of the conceding part counting with various branches or establishments, the quantitative foreseen in the incisos of this article will be applied to each of them.

§ 3^o When the calculation of the percent willing in the inciso IV of the caput of this article result in fraction, it can be rounded off to the immediately higher integer.

§ 4^o Does not apply the willing in the caput of this article to the level stages upper and mid-level professional level.

§ 5^o It is ensured to persons with disabilities the percent of 10% (ten percent) of the vacancies offered by the concepdant part of the internship.

Art. 18 A prolongation of the contracted internships before the beginning of this Law will only be able to occur if adjusted to its provisions.

Art. 19 The art. 428 of the Consolidation of Labor Laws-CLT, approved by the Decree-Law n^o 5,452, from 1^o of May 1943, goes on to invigorate with the following changes:

?Art. 428. ......................................................................

§ 1^o The validity of the apprenticeship contract presupposes annotation in the Labor and Social Welfare, matriculation and frequency of the apprentice in the school, if there is no completed teaching medium, and enrollment in apprenticeship program developed under qualified entity orientation in methodical technical-vocational training.

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§ 3^o The learning contract could not be stipulated for more than 2 (two) years, except when it comes to learner-bearer of disability.

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§ 7^o In the localities where there is no offer of high school for the fulfillment of the provisions of § 1^o of this article, the apprentice's hiring could occur without the frequency to the school, provided that he has already completed the fundamental education.? (NR)

Art. 20 The art. 82 of the Law n^o 9,394, of December 20, 1996, passes the vigour with the following essay:

?Art. 82. The education systems will set the standards of internship achievement in their jurisdiction, observed federal law on the matter.

Single paragraph. (Revoked).? (NR)

Art. 21 This Law comes into effect on the date of its publication.

Art. 22 Revogate-se the Laws n^os 6,494, of December 7, 1977, and 8,859, of March 23, 1994, the single paragraph of the art. 82 of Law n^o 9,394, of December 20, 1996, and the art. 6^o of the Interim Measmeasurement n^o 2.164-41, of August 24, 2001.

Brasilia, September 25, 2008; 187^o of Independence and 120^o of the Republic.

LUIZ INÁCIO LULA DA SILVA

Fernando Haddad

André Peixoto Figueiredo Lima