Formal agreement between a company and intern defining duration, stipend, confidentiality, and IP ownership.
Civil court for disputes. Labour Court if intern claims employee status.
Internship period as specified. Disputes within 3 years of breach.
This coverage is provided by a practicing advocate. Specific sections cited depend on the facts you provide during drafting.
An Internship Agreement is a written contract between an organisation and an intern (typically a student or recent graduate) defining the terms of a short-term, educational work experience — duration, stipend (if any), work hours, project scope, confidentiality obligations, and IP ownership. It protects both parties and ensures compliance with applicable labour laws regarding unpaid/paid interns.
Execute an Internship Agreement before any intern begins working at your organisation. For paid internships (stipend-based), it defines payment terms and deliverables. For academic credit internships, it often includes a tri-party agreement with the intern's institution. The agreement protects the company's confidential information and IP, and sets expectations clearly for the intern.
India lacks a specific 'Intern' classification under labour law. Paid interns may qualify as 'workers' under the Minimum Wages Act, 1948 and other labour statutes, depending on the nature of work. The National Apprenticeship Training Scheme (NATS/NAPS) provides a framework for government-mandated apprenticeships. Under the Apprentices Act, 1961, apprentices have specific rights. The Copyright Act, 1957 and Indian Contract Act, 1872 govern IP and contractual aspects.
Without an internship agreement, confidentiality is not protected; IP ownership of intern's work is unclear; there is no agreed exit mechanism; and the organisation may face labour law exposure if the intern is later classified as an unregistered employee.
It depends on the nature of work and relationship. If the intern performs regular employee-type work under the employer's direction and control, they may be classified as a worker under the Minimum Wages Act or Industrial Disputes Act. Academic internships focused on learning and not regular work are typically not employment.
Duration (start and end date), stipend amount (if any), working hours and days, project scope and deliverables, confidentiality obligations, IP assignment clause, leave policy, termination conditions (both parties), code of conduct, and reporting structure.
Yes. The POSH Act, 2013 broadly defines 'aggrieved woman' to include any woman visiting the workplace for any purpose. Interns are explicitly covered. Organisations must include interns in their POSH policy and ICC scope.
By default (under copyright law), the intern (as author) owns their work. An IP assignment clause in the agreement is essential to transfer ownership of work product to the company. Without it, the company has only a limited implied licence.
For genuine academic internships (limited duration, learning-focused), EPF/ESIC is typically not applicable. For paid interns performing substantial work over extended periods, EPF/ESIC applicability should be evaluated with a legal advisor, as misclassification risk exists.
Yes, if the agreement contains a termination clause. For academic internships, early termination may require notification to the intern's institution. Termination without cause mid-internship (especially for stipend interns) may trigger payment obligation for the remaining period depending on the agreement terms.
Yes. For internships structured to earn academic credit, the university often requires a 'tri-party' agreement or a formal letter of offer from the company describing the learning objectives. Confirm with the intern's institution before finalising the agreement.
Apprentices under the Apprentices Act, 1961 are formally registered, receive a stipend as per government-prescribed rates, have defined training periods, and are covered by specific statutory protections. Interns have no statutory framework — they are governed entirely by contract. The Apprentices Act route provides tax benefits to the company.
Please confirm all of the following before proceeding with your Internship Agreement document:
Please confirm all eligibility conditions above to proceed. If you are unsure about any point, you may not be eligible for this type of notice.