Interns are not a separate category in the Labor Code. The law recognizes only two statuses: vocational training and an employment relationship. When an intern performs actual work under the organization and orders of the entity, the relationship is employment under Article 12, regardless of the designation. The only exception to payment is that provided for in Article 111, paragraph 3, for dual-track vocational training.
This page shows when an internship remains an internship, when it becomes an employment relationship, what must be documented, and which obligations apply regardless.
Read also: Special Categories in Employment: The Complete Guide
The difference doesn't lie in duration or age. It lies in purpose and benefit.
| Element | Training practice | Employment relationship |
|---|---|---|
| Purpose | Learning the profession from the intern | Completion of the work for the subject |
| The main benefit | To the intern | The employers |
| Supervision | Instruction and academic assessment | Orders for the performance of duties |
| Tasks | Observation and exercise, linked to the program | Productive workplace tasks |
| Replacement | It does not replace a job position. | He does the work that an employee would do. |
When an intern performs the same duties as an employee and the entity benefits from them, the relationship is one of employment. Section 12 expressly allows the determination of the true nature of the relationship based on the facts.
Caution: The simplest test is this. If the intern leaves tomorrow and you have to hire someone else to do that work, then he wasn't an intern. He was an employee without a contract.
Read also: Reclassification of the relationship and its consequences
The Code has a single provision that directly relates to this topic, and that is Article 111, paragraph 3.
According to it, the Council of Ministers may set a payment lower than the national minimum wage for cases of on-the-job training in the dual education and vocational training system.
Two practical conclusions follow from this. The first is that payment below the minimum wage is allowed only in that specific case and only in accordance with the rules set by a decision of the Council of Ministers. Second, outside that case Article 111(1) applies, under which the wage cannot be lower than the minimum wage set by a decision of the Council of Ministers.
Read also: Minimum wage and contributions on gross pay
For minors, the rules are more stringent and apply even when the engagement is called a practice.
Article 98, paragraph 6, closes the matter. The special provisions for under-18s apply to any legal relationship intended for employment or work in any profession. The term "internship" does not exempt them.
Read also: Employment of minors and age limits
Regardless of what we call the relationship, certain obligations arise from the person's mere presence in the workplace.
These are not optional and do not depend on whether there is payment or an employment contract.
Read also: Employer's safety obligations
A well-documented practice protects the subject precisely because it shows that it was not disguised work.
1. The internship agreement, including its training purpose, duration, and training program.
2. The internship program, with the topics and skills to be targeted, not with productive tasks.
3. The name of the mentor or supervisor who leads and evaluates it.
4. Proof of attendance hours, especially when the intern is under 18 years old.
5. Proof of safety training and qualification, signed.
6. An assessment or certificate upon completion, which attests to its formative character.
When these are missing and only the schedule and tasks remain, only the form of work is left.
Read also: Ready-made templates and forms for employment
The consequences are the same as with any reclassification, and they are calculated for the entire period.
| Voice | What is born? | Article |
|---|---|---|
| Salary | Not lower than the current minimum wage. | 111, point 1 |
| Written contract | With all the mandatory elements | 21, third paragraph |
| Vacations | Proportional to the time worked | 92, point 3 |
| Add-ons | For overtime, nights, and holidays. | 81, 87, 91 |
| Contributions | For the past period, according to tax legislation | Outside the Code |
| Search period | Three years from the birth of the right | 203, point 1 |
Read also: Fines under the Labor Code and how they are calculated
It depends on the content. When they perform real work under the organization and orders of the entity, the relationship is one of employment under Article 12, regardless of the designation.
When the relationship is employment, yes, and not less than the minimum wage. The lowest payment is only allowed in the case of Article 111, paragraph 3, for dual vocational training.
No more than 6 hours per day, in accordance with Article 78, paragraph 3, and no night work under Article 101.
For training practice, a practical training agreement with a program is required. When the relationship is employment, an employment contract with the elements of Article 21 is required.
Yes. Information, training, and protective measures apply to anyone in the workplace, in accordance with Articles 40, 42, and 43.
The code does not set a deadline. The longer and more productive the tasks are, the greater the risk that it will be recognized as an employment relationship.
No. Filling a job position is one of the clearest signals that the relationship is for work.
Within three years from the birth of the right, pursuant to Article 203, paragraph 1.
