Internship Agreement

An Internship Agreement is a contract an employer should use before hiring or engaging an intern. Interns who are hired by an employer may be those who are still studying or have completed their studies. This contract may be used for different kinds of industries in which the intern and employer are engaged such as marketing, information technology, hospitality and restaurant management, and the like.

This agreement lays down what will be the obligations, of the employer and the intern towards one another as well as the terms and conditions of the internship.

With the terms and conditions of this agreement clarified and laid down, it will help the parties set an expectation as to what will be accomplished by both of them under the agreement. A written contract will help them avoid problems as to what shall be done and what should be avoided.

It must be noted, however, that this document should not be used in case the employer is hiring a person to be an employee. In this case, an Employment Contract should be used. Employees are hired because they already have the proper qualifications for the job given while interns do not have sufficient experience in the field or industry involved. Hence, employees are hired and given wages while interns are given the opportunity to develop qualifications and gain experience.

The distinctions between an employee and an intern:

• An intern usually is engaged for a short period of time usually measured in hours, sufficient to help them gain experience and develop skills in a specific industry. On the other hand, an employee is engaged for a job that will actually be useful to the business needs of the employer and is often hired for a longer period of time.
• An intern is not entitled to a minimum wage as they are not employees under the contemplation of the law. It is allowed for the employer not to provide compensation to the intern due to the fact that the employer merely allows them to work for them to gain experience and develop their skills under the employer's internship program. On the other hand, it is mandatory that the employer pay the employee, the proper wages, otherwise the employer may be punished by law.

How to use this document

The identities of the parties must be provided as well as the time and place where the agreement will be signed. The following are the important parts of the agreement that must be included:

• The fact of whether the intern has completed their studies or not, including the school where the intern is studying or has graduated from.
• The term or duration of the agreement.
• The position or title to which the intern will be assigned.
• There is an option to provide a probationary period, which is the time within which the employer can assess whether to allow the intern to proceed with the completion of the internship.
• The duties and responsibilities of the intern.
• The duties and responsibilities of the employer and the employees in charge of the supervision and evaluation of the intern.
• The option to provide compensation or stipend to the intern for the services rendered.
• The place of work and the schedule or working hours of the intern.
• The obligation to submit reports on the part of the intern concerning their work.
• The notice period should be provided in the event that the intern would like to resign.
• A non-competition obligation on the part of the intern. This refers to an obligation where the intern is not allowed by the employer to engage in activities that might compete with the employer's business.

After the completion of the details in the document, two copies must be printed one for each party and they must sign the same. There is an option to acknowledge the document before a notary public, in which case, the details in the acknowledgment portion should be completed, three copies must be printed and each copy must be presented to the notary public for notarization. After which the parties may keep one copy for their own records.

Applicable Laws

The Labor Code of the Philippines is the law that governs internships in the Philippines. The Department of Labor and Employment also issues Department Orders to implement the laws found on the Labor Code.

The general rules on contract and obligations found in the Civil Code of the Philippines also apply.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.