Overdue: A Formal Internship Policy in India That Protects Its Students (2024)

The lack of a framework specifying reasonable working hours puts students in a vulnerable position, and could lead to burnout and loss of productivity. Photo: moritz320/pixabay.

“Ira was a final year masters’ student on her first internship in Delhi. She hailed from a small town and had travelled several hundred kilometres to do this internship. As she hurried to finish entering the data into the computer, her eyes glanced at the watch, which was inching towards 8 pm. She had applied to nearly 50 places, before finally a professor wrote back expressing interest. While she was not being paid for this internship, her peers and seniors had suggested that even unpaid internships would give her with recommendation letters to secure next opportunities.”

Ira is a fictional character but her story and experiences will resonate with many students in India in the middle to final years of their college education.

Internships are considered to be a potential bridge between employers and “still-green” graduates, with host organisations getting access to motivated pre-professionals for short-term projects – and students acquiring practical, communication and teamwork skills. In a recent India Skills Report, produced by the All India Council for Technical Education (AICTE), around 85% of students in India sought internship training, indicating high demand in this area. AICTE is a national-level advisory council that conducts surveys on the facilities available for technical education and promotes development in a coordinated and integrated manner.

India is the world’s second largest producer of undergraduate and graduate STEM students: around 9 lakh students were enrolled in post-graduate courses, and around 35 lakh in total at various levels (certificate, diploma, PG diploma, undergraduate, post-graduate, MPhil and PhD), in India in 2018-2019. This large and young workforce is attributed to be a key driver in India’s economy. However, only 47% of that workforce was considered to be employable. In addition, the volume of employable talent, so to speak, also varies widely across various Indian states, with Maharashtra, Tamil Nadu and Uttar Pradesh ranking highest in 2020. While India’s large and young workforce presents a huge opportunity for economic growth, this low employability represents a major impediment towards realising it.

Effective training, adequate opportunities for training, conductive environment and a reasonable workload are some of the factors required to harness the full potential of internships. However, internships remain an unregulated sector not covered under either the Industrial Employment Act 1946 or the Minimum Wages Act 1948. As a result, in most cases, interns are not legally entitled to minimum wages or modes of legal redressal that otherwise apply to permanent employees. The lack of any framework for duration, work-hours or type of work also puts students in a very vulnerable position within the host organisation.

Recently, two doctoral students conducted a survey among students from five engineering colleges in Tamil Nadu regarding their internship experiences. All interview participants admitted the potential benefits of internships, including “providing opportunities for development of career skills and helping students with full-time job acquisition”. However, their main issues included “uncomfortable timings, unresponsive officials, too much work and short internship times to get sufficient exposure”.

“During my internships, the working hours were variable, they depended on what kind of work it entailed and whether it was paid or unpaid,” Alisha Pathak, a former postgraduate student at IISER Pune, said. “While many lab-based internships were like full-time jobs, they were rarely independent projects and had no clear deliverables. Reading/scoping based projects had fewer hours and defined outputs like a review paper.”

AICTE released an internship policy in 2018 that mandated engineering students to do internships during their four-year programme. The policy addresses many important points regarding the duration, monitoring and evaluation of internships. However, these guidelines are mainly intended for AICTE-approved institutes. In addition, making an internship mandatory is likely to have unintended consequences because it assumes every student has ways and the means to pay for an unpaid internship.

“It is very difficult or almost impossible for students from lower middle-class backgrounds to settle far away from home for unpaid internships. This leaves many eligible students inexperienced at the professional level, thus making them less eligible for future job application,” Laboni Mahanta, a student at Jawaharlal Nehru University, wrote for LiveWire on August 4, 2020.

These issues stem from a paucity of universal guidelines for conducting or facilitating internships in India. There is also a need for transparency on how internships are advertised. In many cases, recruiters mislead students as to the remuneration and work involved during an internship, and there is really no way for a student to assess the credibility of such claims before signing up.

In addition, only 60% of students are aware of the government’s internship schemes, stoking further concerns regarding their outreach and advertisem*nt. Creating a credible, unified, knowledge exchange portal with information regarding expected remuneration, skills valued most by specific employers, etc. would this be invaluable. While there are a few private platforms for internships and training programmes, several students have also posted their experiences with fraudulent companies hosted on such private forums.

More collaborations between colleges and industry could also help to meet the skilling needs, but “the industry needs to be incentivised to run training cum internship programs for blue collar workers & engineers,” Ravindra Kumar, the chief human resource officer of Tata Motors, said in the India Skills Report. For example, Haryana already provides a wide range of incentives to business organisations, including interest subsidies and employment generation subsidies, and companies that provide employment in rural areas/local persons.

Further, it’s notable that women – who only account for around 20% of the workforce in India – fared significantly better than men on a National Employability Test (based on business communication, critical thinking, numeral reasoning and learning agility and some other parameters). This indicates a need to develop internship policies geared towards women specifically.

The advent of the fourth industrial revolution has disrupted and continues to disrupt almost every sector and industry. In this scenario, emerging technologies are likely to drive economic change and innovation competencies. Enabling internships in these emerging and interdisciplinary areas could be another focus area for the government, industry and academic bodies.

The emphasis on internships in the National Education Policy 2020 is a welcome change in this regard, particularly with the provision of internship opportunities with “local industry, businesses, artists, crafts persons, etc., as well as research internships ” for students at higher educational institutes. However, at present, there are no specific guidelines in place to facilitate or enable these internships.

Several developed countries have policies to ensure inclusive internships or specific regulations addressing safety, code of conduct and grievance redressal. For example, open-market internships or internships that have no formal connection to recognised educational or training courses often come under the scanner for being the least regulated and are banned in several counties, including France and China. The EU also recently called for a stop to unpaid internships. Such mechanisms are currently lacking in most developing countries, including India.

Internships can be a powerful way to bridge education and employment, and can also help boost the economy by improving the size of the employable population. On the flip side, the lack of regulation can lead to low-quality internships and the exploitation of vulnerable sections, resulting in longer term social damage apart from the economic impact. With India currently in the throes of a massive economic slowdown, an evidence-based internship policy could help harness one of India’s biggest strengths: our youth.

Surat Saravanan is currently a senior research associate with the Atal Incubation Centre-CCMB. Suryesh K. Namdeo is a programme officer for the DST-STI Policy Fellowship Programme at the DST-Centre for Policy Research, IISc.

Overdue: A Formal Internship Policy in India That Protects Its Students (2024)

FAQs

What are the laws protecting interns in India? ›

[1] Rule 25 of the Bar Council of India “prescribes that every registered law student is required to intern during the academic year. They shall complete at least 12 weeks of internship for three-year course and 20 weeks of internship for five years of course.”

Are interns protected under the Employment Act India? ›

Though the concept of an internship is similar to that of apprenticeship, the Apprentice Act, 1961 makes it amply clear that legal interns cannot be treated as an apprentice under the ambit of the Act rendering them unprotected and unrecognized in the legal society.

Is it compulsory to pay interns in India? ›

According to Article 21 of the Indian constitution, every employee has right to get fair and just emoluments and hence if a reasonable salary Is not paid it would result to a clear violation of Article 21 of the Indian Constitution.

Is it legal to do an internship while working full time in India? ›

It is possible to do an internship while having a full-time job, but it can be challenging to balance both commitments.

Is internship compulsory for law students in India? ›

Compulsory as per the Bar Council of India:

Many people are unaware that as per The Bar Council of India, Rule 25, it is compulsorily required by students of law to Intern. It has been prescribed as follows: For a 3-Year Law Course- 12 Weeks of Internships.

What are the rules of internship? ›

6 Rules to Remember
  • Treat the internship as an educational experience. ...
  • Benefit the intern more than the company. ...
  • Not replace a regular employee with an intern. ...
  • Not directly benefit from the internship. ...
  • Not guarantee a fixed position for the intern after the internship.

Does internship count as work experience in India? ›

Internships count as work experience on your resume, especially when you're applying for entry-level jobs following graduation. Your internship likely allowed you to develop skills that help you stand out from other entry-level candidates. Both paid and unpaid internships of varying lengths can count as experience.

What is the legal age for internship in India? ›

Children under the age of 14 years cannot be employed or permitted to work in any occupation or process. However, this restriction will not apply if a child helps his/her family or family enterprise (which is not a hazardous occupation), after his/her school hours or during vacation.

What is Section 27 of Indian employment Act? ›

Every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind, is to that extent void. Exception 1. Saving of agreement not to carry on business of which good-will is sold.

How are interns paid in India? ›

An Entry Level Intern with less than three years of experience earns an average salary of ₹2.9 Lakhs per year. A mid-career Intern with 4-9 years of experience earns an average salary of ₹5.3 Lakhs per year, while an experienced Intern with 10-20 years of experience earns an average salary of ₹12.9 Lakhs per year.

What is the difference between an intern and an employee? ›

Interns are usually college students or recent graduates who work for a company on a temporary basis, often for academic credit. A company cannot be the primary beneficiary; an intern should not be replacing the work of an employee because the internship is for education and training purposes.

What is the salary of legal intern in India? ›

What is the salary of a Legal Intern in India? Average salary for a Legal Intern in India is 2 Lakhs per year (₹16.7k per month). Salary estimates are based on 582 latest salaries received from various Legal Interns across industries. What are the top paying companies that employ Legal Interns?

Is it illegal to work while studying in India? ›

Working while studying is illegal

Indian law prohibits international students from working while studying in the country. International students can however, take up internships related to their field of study.

How many months is an internship in India? ›

The model curriculum includes the internship for students of six months' duration at different stages of the programme.

How many hours can interns work legally in USA? ›

Are there restrictions on how many hours an intern or volunteer can work? There are no restrictions on how many hours an intern or volunteer over the age of 18 can work. Volunteers or interns under the age of 18 may fall under the FLSA's guidelines for child labor.

Is there any law for students in India? ›

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the Constitution of India to provide free and compulsory education of all children in the age group of six to fourteen years as a Fundamental Right in such a manner as the State may, by law, determine.

Are interns allowed in Supreme Court of India? ›

A law student in India can intern at all 3 levels of courts – District courts, High court, and the Supreme Court. There is absolutely no bar that one has to first intern at the district courts or the High Courts.

Can I do internship while studying in India? ›

Whether you study in India or study abroad, you can achieve academic and career success by doing an internship while studying. After completing it successfully, do not allow the financial crunch to stop you from pursuing your academic goals. Contact us to know about education loan and how to get it.

Should all interns be paid for their work? ›

In short, yes, interns should be paid. Legality is one thing, but ethics is another. Given that about 60% of internships are paid, this suggests that paid internships are the norm. The average wage for an intern in the U.S. is $15.37 per hour, but this depends on industry and location.

Can you say no to an internship? ›

After you express your gratitude for the offer, you can politely decline the offer using concise, even-toned language. If relevant, provide a reason for declining the offer, such as your acceptance of another role or inability to make the schedule work.

Does work experience in India count in USA? ›

It depends on the company. But most of the times, if you have work experience in India, you can put in on your resume and interview for a one level higher than entry level position with one or two years. It does help you start off in a better position. It depends on the kind of work too.

Should internship be considered as employment? ›

Internships, even short ones and unpaid ones, are a form of employment. They provide essential experience and should be included on your resume.

Does internship count as temporary work? ›

An internship is a temporary work experience intended for those with little experience in the field. Internships are different from contract or temp work because they are intended to give people experience whereas temp work employs people who may be in between jobs.

Is 40 too old to be an intern? ›

In the United States, there's no set maximum age for getting an internship. In fact, according to the Age Discrimination in Employment Act of 1967 and regulations set by the Equal Employment Opportunity Commission, employers aren't allowed to base internship hiring decisions on maximum age.

Can a 25 year old be an intern? ›

You're Never Too Old to Learn Something New

Internships are the best way to get job experience.

What is the minimum age for internship in USA? ›

At What Age Can You Be an Intern? While it's possible to get an internship at as young as 14 years old, many employers will likely have their own age restrictions set at 16 years old or above. This is because there are laws regulating the number of hours and type of work children below 16 can do.

What is Section 56 of the Indian contract Act? ›

—A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. Compensation for loss through non-performance of act known to be impossible or unlawful.

What is Section 25 of the Indian contract Act? ›

Section 25: Agreement without consideration, void, unless it is in writing and registered, or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.

What is Section 23 of the Indian contract Act? ›

India Code: Section Details. the Court regards it as immoral, or opposed to public policy. In each of these cases, the consideration or object of an agreement is said to be unlawful. Every agreement of which the object or consideration is unlawful is void.

Do interns have to be paid in USA? ›

The FLSA requires “for-profit” employers to pay employees for their work. Interns and students, however, may not be “employees” under the FLSA—in which case the FLSA does not require compensation for their work.

Are interns paid in USA? ›

If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to at least minimum wage. Some states enforce requirements for unpaid internships, such as affiliations with academic institutions.

How much is stipend in India? ›

“The price of the Bare metal stents has been fixed at ₹10,509 while Drug Eluting Stents (DES) including metallic DES and Bioresorbable Vascular Scaffold (BVS)/ Biodegradable Stents price has been fixed to 38,265 respectively," NPPA said in its latest order.

Can an intern be fired? ›

Yes, you can be terminated or released, depending on the type of internship, as well as receive a failing grade if this is an academic internship. Internships are job preparation experiences and failure to perform carries the same type of penalties as do regular jobs.

How do you classify a paid intern? ›

Generally, paid interns with set hours should be treated the same as regular employees in terms of payroll. Paid interns should file a W4, and the payroll company should deduct state and federal taxes from their paycheck, just as they would for regular employees.

Is an intern still an employee? ›

If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA. Internships can be valuable for both the business and the intern.

Are paid interns considered employees in India? ›

The trainees are generally not paid salary, in spite, they're paid stipend. Whether the person is trainee but if the trainee is satisfying S. 2(9) of the ESIC Act, the person will naturally called as 'Employee' under the section.

What is the salary of doctor after internship in India? ›

Average Annual Salary by Experience

Intern Doctor salary in India with 1 years of experience ranges from ₹ 0.2 Lakhs to ₹ 9.8 Lakhs with an average annual salary of ₹ 2.4 Lakhs based on 38 latest salaries.

Which law has highest salary in India? ›

Their Associates are currently paid between ₹ 13,90,000 and ₹ 20,70,000 annually. Thus, Khaitan And Co. is at the top of the list of Indian law firms that pay the highest salaries.

Can you work in India while studying in USA? ›

Generally speaking, other than the specified types of work that the student may perform (e.g., CPT, OPT, on-campus employment), a person in F-1 status may not work. This applies, even if the employer is located abroad. And, this applies, even if the person will be working from home.

Can I work in US after studying in India? ›

The job in the USA you get after finishing your course must be directly related to your field of study. You have to find a job within 90 days after graduation. You can begin the process of applying for OPT nine months after getting enrolled.

Can Indian students work in USA while studying? ›

Your US student visa allows you to work on-campus up to 20 hours per week when school is in session and full-time during school break periods (up to 40 hours per week).

How many months internship is required? ›

An internship is a job training program usually completed within 10 to 12 weeks or during an academic semester. However, their duration varies from a few weeks to an entire year. Internships are more common among high school or college students and other entry-level professionals.

How long should a paid internship be? ›

Internships vary in length based on the season, industry, and employer, but generally, most internships last about eight to 10 weeks. No one internship length is best or necessary — it all depends on what you get out of the internship and if it matches your personal resources and professional goals.

What is the required duration time for the internship? ›

An average internship is 3-4 months coinciding with a student's typical semester or summer. A key factor in determining proper internship length is that an internship should be long enough for a student to get into the rhythm of the position and complete deliverables that are valuable to you and them.

What is an unpaid intern called? ›

These workers, called “trainees,” may be in any field or profession, not just medicine. Most un- or low-paid student workers in California are in fact trainees rather than interns.

What is the difference between an unpaid internship and volunteering? ›

What's the difference between an intern and a volunteer? We are asked this quite often. Basically, an internship is something that you choose to do in order to develop your skills in a profession. Volunteering can also serve this purpose, but the driving force is your desire to help out.

Are unpaid internships exploitation? ›

Outside of the unrealistic expectations they set for students to maintain a healthy work-life balance and good finances, unpaid internships are extremely unethical in practice.

What are the workplace safety laws in India? ›

The 13 Acts are: Factories Act, 1948; Mines Act, 1952; Dock Workers (Safety, Health and Welfare) Act, 1986; Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996; Plantations Labour Act, 1951; Contract Labour (Regulation and Abolition) Act, 1970; Inter-State Migrant ...

Are interns treated as employees? ›

Most interns are considered employees in the eyes of the law, which means you must comply with wage and hour laws, including paying them at least minimum wage.

What is employment of trainees private sector act in India? ›

Without prejudice to any scheme of training of, or to the employment of, apprentices in any other law, an employer of workmen in the private sector (hereafter in this Act referred to as the ” employer “), may enter into a contract of training with any trainee for such period not exceeding one year as may be determined ...

What are the major laws at workplace in India explain any two of them? ›

These include right to work of one's choice, right against discrimination, prohibition of child labour, just and humane conditions of work, social security, protection of wages, redress of grievances, right to organize and form trade unions, collective bargaining and participation in management.

What is code of conduct policy for employees in India? ›

Every employee of < Company Name >, which shall include head of the company, shall deal on behalf of the Company with professionalism, honesty, integrity as well as high moral and ethical standards. Such conduct shall be fair and transparent and be perceived to be as such by third parties.

What is right to safety in India? ›

Right to Safety

Means right to be protected against the marketing of goods and services, which are hazardous to life and property. The purchased goods and services availed of should not only meet their immediate needs, but also fulfil long term interests.

Does an unpaid intern count as an employee? ›

The FLSA requires “for-profit” employers to pay employees for their work. Interns and students, however, may not be “employees” under the FLSA—in which case the FLSA does not require compensation for their work.

Can an intern replace you? ›

The internship experience is for the benefit of the intern. The intern does not displace regular employees, but works under close supervision of existing staff.

What are my rights as an employee in India? ›

Employees must be paid for all hours they work, even if they are working overtime or during a holiday. If an employer fails to pay workers for all the hours they have worked, the employees can sue the employer for unpaid wages. Employees also have the right to receive a minimum wage and benefits like health insurance.

What is the employee Act in India? ›

Key Provisions of the Act. Employees are entitled to several benefits under the Employment Act, including annual paid leave, sick leave, maternity benefits, paid public holidays, etc. Employers must ensure that they meet all of the Act's standards and that the contract conditions reflect this.

What are the employers rights in India? ›

The right to employment in India provides that an employer in India has all the rights and entitlement to hire the most suitable employee for their company. An employer's rights include his choice to select the best candidate that fits the job profile, based on a person's qualifications, knowledge, and experience.

Are trainees considered employees in India? ›

The position of labour law in India is that the criteria to decide whether a person is a workman or not is not his designation. Thus in the situation a workman has been employed as trainee, in case of a dispute, the Courts in several cases have held that such a trainee will be considered as a workman.

Is trainee an employee in India? ›

A trainee is an official employee of the firm that is being trained to the job they were originally hired for.

Is it illegal to layoff employees in India? ›

Under the Industrial Disputes Act, 1947, employers can lay off employees for reasons such as shortage of work, restructuring, or closure of the business.

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