Issuu on Google+

Statement of Understanding AIESEC’s various exchange activities are operated as part of the full development experience provided by the AIESEC platform. The exchange experience is intended to have a direct impact on the intern through providing the individual with an international professional experience in a unique developmental environment provided by AIESEC. The success of an AIESEC exchange is dependent upon the fulfillment of specific roles and responsibilities by interns, hosting and sending LCs, member committees, and participating host organizations. The following contract describes the roles and responsibilities of all involved parties and must be agreed to and signed by all relevant parties in order to proceed with the internship. An AIESEC internship is a practical working and learning experience for the intern to develop academic knowledge and professional skills. An internship must aim to provide the intern with:  A positive learning experience;  Practical skills and knowledge in a foreign environment to complement the intern’s higher educational background or field of career aspirations;  Interaction with a different social and cultural environment with a view to gaining intercultural competencies;  Development of theoretical and practical leadership skills;  Opportunity to apply personal and professional skills, knowledge, attitudes and values to work for the organisation as well as the host communities;  Develop awareness and knowledge of social issues and different practices of the sending and hosting country;  Opportunity to contribute to personal and professional life goals. The internship cannot aim to:  Solely provide an opportunity for the intern to earn money;  Provide a holiday;  Act as a permanent career placement or recruitment opportunity in the host country. If the organization decides to extend the internship on a permanent basis, AIESEC will have no role in facilitating this.

Roles & Responsibilities 1. Responsibilities of the sending Local Committee  Organize a student Review Board according to the definition of Selection in the Quality Standards and ensure that every member participating in an internship has passed through it.  Assist the Exchange Participant (hereafter, “EP” or “Intern”) in completing all required paper documentation and completing the EP Form on MyAIESEC.net.  Train and assist the member in matching procedures and use of matching tools (MyAIESEC.net Exchange Module, Wikis and Classifieds).  Inform the EP of his/her current match status. In case the EP is responsible for his/her own matching, the LC should consistently track his/her matching status as well as provide guidance and overall support.  Provide necessary support to the EP to send official Acceptance Notes when needed  Verify if the EP can legally travel abroad independently, with or without parents’ formal authorization and without requiring the Hosting LC/Hosting MC/TN to have legal power of attorney over the Intern.  Provide adequate pre-departure preparation as outlined in the Exchange Process Standards  Educate the EP on the responsibilities of all parties involved in the exchange process.  Educate the EP on the complaint procedures.  Guide and support the EP through all quality issues using the International Exchange Policies and Quality Standards. 1 Student/Company/AIESEC Contract Framework 2009


   

Communicate with the Host LC and intern to coordinate the reception so the requirements in the reception section Exchange Process Standards are met Periodically evaluate the internship and communicate with the EP throughout the duration of the internship at least on a monthly basis. Encourage the EP to complete and submit the measurement surveys. Inform the intern of the timeline for completing measurement surveys and facilitate the online or offline completion of surveys. Provide the EP with the opportunity to re-integrate into the sending LC as outlined in the Re-Integration section of the Exchange Process Standards

2. Responsibilities of the hosting Local Committee  Assist the organization (hereafter “TN”) in completing the appropriate forms.  Enter the Job Questionnaire information into a TN Form on MyAIESEC.net.  Search for and present suitable candidates for the internship. Communicate regularly with the TN regarding the match status of the internship.  Before formalizing a match, during the TN’s selection pro cess, the Host LC shall make sure the candidate would be able to leave and return to the Host Country independently, and they also must verify the candidate would be able to work legally in an AIESEC internship in the Host Country,  Upon matching the internship, obtain an official Acceptance Note from the TN and submit this to the Sending LC and selected EP.  Provide all necessary information and documentation for the accepted candidate in order to apply for a visa/work permit.  Inform the incoming intern of any specific requirements related to visa, insurance, and other legal requirements.  Ensure all documentation is in place for the intern to obtain a visa/work permit. Coordinate the execution of the contract between the EP and the TN or between the EP and the Host LC if this agreement is required in order to obtain VISA/work permit.Provide all the necessary information to the incoming intern and sending LC under the preparation of the incoming intern, according to the preparation section in Quality Standards.  Prepare the TN according to the preparation section under the Quality Standards  Provide adequate reception of the intern as stated in the Quality Standards  Inform the intern of possible community involvement opportunities in accordance with the intern’s interests and goals.  Provide initial assistance in establishing and orienting the intern upon arrival for his/her internship (bank account, first day at work, local transportation, grocery shopping, etc.).  Help the intern, preferably before his/her arrival, to find accommodation according to national safety conditions and minimal requirements for accommodation on the Host Country.  Encorage the TN and the Intern to fill the Exchange Stage Survey by the end of the Internship.  Conduct periodic evaluations with the organisation and intern in order to receive suggestions, check the quality of the internship experience and the services provided by the Host LC. The results of these evaluations are kept confidential except when permitted to share. It is recommended to have at least three meetings as minimum service standards.  Respond to the results of the evaluation with each respective party to improve the experience with the internship.  Educate the organisation on complaint procedure and provide assistance to the organisation when it has problems with the intern or any other aspect of the internship.  Provide assistance to the intern when they have problems with the organisation or any other aspect of their internship. 2 Student/Company/AIESEC Contract Framework 2009


Communicate and coordinate the re-integration of the intern, together with the sending LC according to the re-integration description in the Quality Standards.

3. Responsibilities of the organization  Provide a detailed internship description meeting the standards of quality outlined in the International Exchange Policies.  Pay the necessary participation fees to the Local or Member Committee  Provide professional work experience for a period between 6 and 78 weeks.  Designate one representative in the organisation as responsible for the matching process (accepting/rejecting candidates). The period of response regarding the suitability of any candidate cannot exceed 10 continuous days since AIESEC delivered the EP Form to the TN. If a selection process has place, the rules and deadlines of each stage must be communicated to the EP in advance. In any case, the final answer about an EP selection must be delivered by the TN between the next 10 continuous days since the last selection stage had place and Acceptance Notes must be updated.  Make sure the candidate would be able to work legally in the offered internship (Legal residency requirements and labor law exigencies).  Participate in an orientation seminar/session provided by AIESEC to prepare the organization for the arrival and integration of the foreign intern.  Provide orientation of the workplace upon the intern’s arrival to the organisation’s policies and procedures, orientation of the core business, orientation of information systems, office processes, and any other information necessary to fulfil the internship job objectives.  Participate in an initial meeting with the Host LC and intern to set and review expectations, processes for internship evaluation, and addressing complaints.  Provide adequate working conditions (which may include personal workspace and required basic working tools), salary, orientation, guidance, and training for the intern to achieve the objectives agreed upon. In any case, the TN is the only responsible for any damage or lost of any working material (as laptop, camera, cellphone, etc).  Ensure the intern performs the job, receives salary (unless something different is agreed), and has working conditions as stated on the TN Form entered into MyAIESEC.net during the entire duration of the internship.  Assign a supervisor responsible for the intern during the whole internship term. The supervisor shall provide regular performance feedback/evaluations to the intern at intervals agreed upon with the intern.  Participate in AIESEC Activities that are of interest and relevance to the organization and its representatives  Comply with all applicable employment law and regulations regarding internship contracts and if needed, provide the intern with a valid internship employment contract.  Failure to comply with the roles and responsibilities may result in the organization being charged with a penalty. 4. Responsibilities of the intern  Participate in a Review Board organised by the Local/Member Committee.  Complete and sign all documentation pertaining to participation in an AIESEC internship. This includes, but is not limited to, the Student Contract, EP Resume, and an agreement regarding fee policies.  Complete the EP Form on MyAIESEC.net being accurate to the EP Resume.  Have written proof of the academic background (transcripts) and working experience (references) as specified on the EP form.  Pay the necessary application fees and/or deposits to their Local or Member Committee  Pass the language test(s) for all proficiency levels in non-Native languages or have written proof of the language level(s) as specified in the EP forms.  Attend preparation events and complete the preparation requirements of the country and territory 3 Student/Company/AIESEC Contract Framework 2009


      

       

Provide the required information to the Host LC and TN in order they can verify the EP can legally travel abroad independently and would be able to work legally in an AIESEC internship in the Host Country. Communicate continuously with the Home LC of the matching status and any changes of preferences or issues that arise. Re-evaluate written or unwritten specifications if unsuccessful with matching after one month of consistent matching. Inform the Local and/or Member Committee if they become unavailable for an internship, or if they are looking into other opportunities. Have sufficient funds to incur all expenses related to transportation to and from the host country and territory. Have sufficient funds to cover all living expenses for the first four weeks of the internship. Review the visa/work permit regulations for the host country prior to the purchase of a ticket to travel to the country (air/sea/land transportation) Acquire the necessary legal documents to participate in an internship in the foreign country (visa, insurance policies, medical certifications, working and residence permits and other required documents). Intern shall incur all costs related to all legal documentation or processes. Even if it is not required for obtaining visa, work permit or residence papers, it is highly advisable to have an international insurance that covers at least expenses of illness and accidents. Ask the Hosting LC and search by themselves all the information related to life conditions in the Hosting Country in order to be aware of any potential risk in the country or local area. Officially register with the home embassy in the host country. Maintain communication with the Sending and Hosting Local Committees throughout the internship. Provide current contact information to the Local Committees (host and home). Prepare to give presentations about the home country and culture to organisation employees, AIESEC members, and other audiences. Take a proactive and independent role in getting involved in the community and in other activities outside the internship. Take a proactive and independent role in integrating with the local AIESEC chapter and its membership. Participate in AIESEC activities relevant to interests and goals. Give input to the Host Local and Member Committees about future internship opportunities with the organisation they are working for to provide similar opportunities to other Interns in the future. Participate in reintegration activities after their arrival to their home country with their sending LC.

5. Responsibilities of the Member Committee  If the country and territory has monitored access, the MC is responsible for ensuring each new EP Form or TN Form is reviewed and put on available within one week if the member or organization internship offer meet all quality standards.  Ensure all Local Committees are implementing and following the International Exchange Policies and any other policies that the Member Committee has developed specifically for their country/territory.  At the occurrence of quality issues or deviations from the present policies, provide assistance to its LCs, Interns and Organizations about complaint procedures and, if needed, according to the Complain Procedures section of the International Exchange Policies, communicate with sending/hosting Member Committee and place a claim on the Exchange Quality Board of AIESEC International.  Ensure that all Local Committees are running exchanges.  Provide all the necessary systems and tool for LCs to operate exchange 4 Student/Company/AIESEC Contract Framework 2009


6. Limit of liability AIESEC International, AIESEC sending local committee and AIESEC hosting local committee may only be held liable for their personal respective responsibilities as described in this Statement of Understanding, its annexes and appendixes. In particular, AIESEC International, AIESEC sending local committee and AIESEC hosting local committee shall never be held liable: 

     

In case of refusal from the authorities to provide a visa, work permit or any other legal document or authorization needed by the individual to participate in the internship In case of false, inaccurate or incorrect information provided by the EP or the TN resulting in the match/internship In case of accident incurred by the EP during the internship In case of damages caused by the EP to the TN or to any third party during the internship In case of damages or lose of any working material (as laptop, camera, cellphone, etc) provided to the Intern by the TN for work purposes. For any consequential or indirect damages, including loss of income or profits. Where the failure to fulfill their obligations has been caused by circumstances beyond their control.

As a participant in an AIESEC internship, we recommend that you keep this Statement of Understanding with you to remind yourself of your and other exchange parties responsibilities before, during and after the exchange program.

5 Student/Company/AIESEC Contract Framework 2009


Appendix A

EP contract framework

National EP contract creation

Consultancy with a Lawyer

Correction after lawyer feedback

Final version of National EP contract

General requirements: 1. Each country must apply this framework according to its current legislation, excluding terms that may cause jeopardy to AIESEC on local/national/international level; 2. The language of the Contract should be the official legal language of the country/region; 3. Created contract must receive feedback from lawyer (preferably, specialized in civil, labor or corporate law) – to assure legality of processes we are running; 4. The Contract has to be aligned with the International Exchange Policies and the IXPQS’s Statement of Understanding. Additional statements that may be required by home country (where the contract is executed) and/or by Member/Local committee can be included. 5. The contract must be executed before the EP completes the EP Form on MyAiesec.net. If required by the EP, specially if he/she is not a native speaker of the language used on the relevant agreement, Sending MC/LC must provide him/her a copy of the referred contract in English before its is executed. IXPQS Policies that might be stated on the contract: AIESEC’s Roles & Responsibilities   

Provide access to AIESEC’s online databases on MyAIESEC.net and training required to search for an internship. Provide adequate pre-departure preparation Advise and assist student in acquiring the required documentation and legal papers (i.e. work permit, visa, residence permit, insurance and other requirements).

Responsibilities of the student     

Pass the language test(s) for all proficiency levels in non-Native languages or have written proof of the language level(s) as specified in the EP forms. Have sufficient funds to incur all expenses related to transportation to and from thehost country and territory. Have sufficient funds to cover all living expenses for the first four weeks of theinternship. Review the visa/work permit regulations for the host country prior to the purchase of aticket to travel to the country (air/sea/land transportation) Acquire the necessary legal documents to participate in an internship in the foreigncountry (visa, insurance, medical certifications, working and residence permits

6 Student/Company/AIESEC Contract Framework 2009


andother required documents). Intern shall incur all costs related to all legal documentationor processes Search by themselves for all the information related to life conditions in the Hosting Country in order to be aware of any potential risk in the country or local area. The Intern is the only responsible for taking those risks and shall not sue AIESEC for any damage or prejudice caused by an event related to those risks and neither can break its match or end its internship without accrued financial penalties.

Deeds of Variation Any variation to the contract terms only shall be considered valid if done through a written Deed of Variation Agreement executed by both parties.

Recommendation for EP – host LC/organization contract creation General recommendations: 1) Several member countries are required to sign an EP/Host LC or EP/TN Taker Organization Contract in order to issue visas and work permits. This session is a guideline to be followed by those contracts. 2) The contract must be executed after EP is matched with TN; 3) Set agreements on financial obligations or/and any other obligations between EP and host LC, in case internship is broken or not inadequate according to IXPQS. 4) Regardless the size, field of activity or level of partnership the company has with AIESEC it must agree with the policies stated under the International Exchange Policies (e.g., the termination of an internship cannot be regulated by an EP/Company or EP/host LC contract, it must follow the International Exchange Policies) IXPQS Policies that might be stated on the contract:  Provide all necessary information and documentation for the accepted candidate in order to apply for a visa/work permit.  Provide adequate reception of the intern as stated in the Quality Standards  Provide initial assistance in establishing and orienting the intern upon arrival for his/her internship.  Help intern to find accommodation according to national Host Country safety conditions and minimal requirements for accommodation.  Contract Termination according to the International Exchange Policies. Deeds of Variation Any variation to the contract terms only shall be considered valid if done through a written Deed of Variation Agreement executed by both parties.

7 Student/Company/AIESEC Contract Framework 2009


Appendix B

Organization Contract Elaboration Framework

National TN contract creation

Consultancy with a Lawyer

Correction after lawyer feedback

Final version of National TN contract

General requirements: 1. Each country must apply this framework according to its current legislation, excluding terms that may cause jeopardy to AIESEC on local/national/international level; 2. The language of the Contract should be the official legal language of the country/region; 3. Created contract must receive feedback from a lawyer (preferably, specialized in civil, labor or corporate law) – to assure legality of processes we are running; 4. The Contract has to be aligned with the International Exchange Policies and the IXPQS’s Statement of Understanding. Additional statements that may be required by TN home country (if it is a foreign company or its headquarter is abroad) and/or by the country where internship takes place and/or by Member/Local committee can be included. 5. The Contract must be executed before the TN Form is completed on MyAiesec.net 6. If the Contract needs to be modified in any particular clause due to specific agreements with a TN, this variation shall be reviewed by a lawyer before its execution;

IXPQS Policies that might be stated on the contract: AIESEC’s Roles & Responsibilities       

Assist the organization in completing the appropriate Forms. Search for and present suitable candidates for the internship. Provide the organization with the necessary information about the candidate and facilitate interviews in order to make a decision to accept or reject the candidate Offer an orientation session to prepare organization for the arrival and integration of the foreign intern Provide reception services and initial assistance in establishing and orienting the intern upon arrival for his/her internship. Facilitate to the organization the measurement questionnaires in order to evaluate AIESEC and the Intern. Educate the organization on AIESEC internal complaint procedures and provide assistance to the organization when it has problems with the intern or any other aspect of the internship.

Responsibilities of the organization    

Provide a detailed internship description meeting the standards of quality outlined by AIESEC’s International Exchange Policies document. Pay the agreed fee(s) Designate a representative in the organization as responsible for the matching process (accepting/rejecting candidates). The period of response regarding candidates cannot exceed 10 days. Participate in an orientation seminar/session provided by AIESEC to prepare the organization for the arrival and integration of the foreign intern.

8 Student/Company/AIESEC Contract Framework 2009


  

  

Provide orientation of the workplace, the organization’s policies and procedures, the core business, the information systems, office processes, and any other information necessary to fulfill the internship job objectives. Participate in an initial meeting with AIESEC and the intern to set and review expectations, processes for internship evaluation, and addressing complaints. Ensure the intern performs the job, has working conditions, and receives (salary/financial assistance) and other benefits, as stated on the Form entered into AIESEC’s online databases during the entire duration of the internship, unless otherwise agreed upon by the Intern and by AIESEC Assign a supervisor responsible for the intern during the whole internship term. Te supervisor shall provide regular performance feedback/evaluations to the intern at intervals agreed upon with the intern. Provide adequate working conditions, orientation, guidance, and training for the intern to achieve the agreed objectives. Comply with all applicable employment law and regulations regarding internship contracts.

Termination before Official Internship End Date 

The Organization can terminate the internship or fire an intern prior to its official end date after written notification to AIESEC only in the following circumstances: o The intern has falsified information related to his work experience, academic background or language proficiency, and is unable to fulfil his internship job role as specified in the Form. o If the intern is breaking a law of the hosting country or is continuously breaking internal regulations of the organisation despite being aware of them. If the Organization ends the internship for any other reason, besides any agreement to which it could come with the Intern or any labor benefit recognized by the host country’s Laws, AIESEC shall search for another internship for the intern as stated in the AIESEC’s International Exchange Policies document if the Intern asks for it.

Some provisions that might be included on the Organization Contract: Commencement and termination  “AIESEC shall start providing the AIESEC Services on (the date this Contract is executed/ [Insert Date]).” 

“This Contract shall be considered valid and enforceable between the parties until [Insert Date].”

Liability Limit (Under local Law suitability) AIESEC may only be held liable for the respective obligations contained on AIESEC Roles & Responsibilities’ section or for any others stated on this contract or its schedules. In particular, AIESEC shall never be held liable:  In case of refusal from the authorities to provide a visa, work permit or any other legal document or authorization needed by the selected candidate to participate in the internship  In case of false, inaccurate or incorrect information provided by candidates or the intern.  In case of damages caused by the intern to the organization or to any third party during the internship  For any consequential or indirect damages caused by the Intern during the internship, including loss of income or profits.

9 Student/Company/AIESEC Contract Framework 2009




Where the failure to fulfill its obligations has been caused by circumstances beyond its control

Deeds of Variation Any variation to the contract terms only shall be considered valid if done through a written Deed of Variation Agreement executed by both parties.

10 Student/Company/AIESEC Contract Framework 2009


02 - Statement of Understanding