Introduction
Internships are meant to teach, not replace regular labor. Yet in practice it appears that this distinction is not always respected. This blog discusses the situation surrounding Transavia, in which trainees were deployed as full cabin crew and were still entitled to wages.
The case: trainees used as full employees
The Dutch Labor Inspectorate found that Transavia used more than 60 mbo students from five different institutions as full cabin crew between February and June 2022.
The trainees performed the same work as regular cabin attendants and also rotated in the same work schedules. This completely blurred the distinction between learning and working.
When is there an employment contract?
Instead of a regular internship agreement, the situation at Transavia qualified as an employment agreement. According to the rules, an internship must focus on the learning aspect. Trainees may not be used structurally and fully as replacements for normal employees. If they are, they are entitled to wages and protection like normal employees.
Because Transavia had used the trainees structurally as staff, they still had to be paid.
The implications for Transavia
The financial implications were significant:
- Transavia had to pay more than €600,000 in back wages to the trainees.
- In addition, the Labor Inspectorate imposed a fine of nearly €50,000.
This case shows that employers must be careful when employing trainees. Once the work is no longer focused on learning but on full employment, there can be major financial and legal consequences.
Conclusion
The Transavia case shows that employers must be careful when employing trainees. As soon as the learning aspect disappears and trainees are structurally employed as staff, an employment contract may be involved. Careful agreements and clear guidance are essential to avoid legal and financial risks.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about internship agreements. Please feel free to contact us .
April 2025
