With the winter holidays coming up, you may be tempted to hire an intern to help with business. What do you need to include in your internship agreement?
It’s a good idea to have a simple internship agreement to record accurately your respective duties to each other. The provisions of internship contracts often include the following terms:
- no conventional salary arrangements;
- payments on account of expenses;
- statement of the fixed duration of the internship;
- no fixed working hours;
- no commitment for work to be given or undertaken; and
- a statement that it is not a contract of employment.
For your own protection, such an agreement should also include the following:
- confidentiality obligations – to ensure that your information must be kept confidential;
- confirmation of your ownership of rights relating to inventions – to ensure that if an intern creates or contributes to any intellectual property during the internship then it is owned by the organisation hosting the intern;
- commitment to your health and safety arrangements – the intern should accept any health and safety policies and otherwise be treated the same as any other individual spending time at your offices: you may also need to tell your insurers;
- commitment to your equal opportunities policies –otherwise you could be liable if for example the intern upsets one of your staff; and
- confirmation of opt-out from the Working Time Regulations – these rules impose a maximum average of 48 hours worked per week; if there is any chance that the intern might work for a longer time than this, the opt out should be included.
Do make sure you also read my piece about how to work out whether interns are, in fact, employees.
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