The internship season is open! What happens on the company side?
It goes without saying, but let’s recall that an internship is not an employment contract. Unlike an employee, the intern has no production obligation. The main purpose of the internship is educational, and its duration is limited.
The intern cannot replace a vacant employee, address a temporary increase in activity, or occupy a seasonal job. In any case, the qualification of the work relationship will not depend on the name given to an agreement but on the actual conditions under which the activity is performed…
What are the risks? An administrative fine and/or the possibility of reclassifying the internship agreement as an employment contract. The courts frequently remind us of this, even with regard to… a law firm*.
An internship is often an opportunity to gain initial professional experience. It allows the intern to develop a taste for work. Do not hesitate to assign them interesting tasks, and – who knows? – you might be surprised by the freshness, simplicity, or relevance of their accomplishments.
*CA Versailles, 28-02-2024, no. 21/03105
