One issue that is often debated is who “interns” are and where they are in society. When they go to ask for internships with companies, they use their strength and knowledge to work for the company in the same way that regular employees do, but how should they be treated? What is their identity? Because if they don’t exist, it means that they are not protected by law. And if they are taken advantage of, which law protects them? Because labor laws cannot be applied to interns because their status is not “employee” under the law.
Another thing that makes interns feel unfair is that the educational institution they belong to does not support or take care of the students’ internship systematically, especially the various expenses that occur during the internship, which are the students’ responsibility. They have to pay the same as regular employees pay when traveling to the internship.
But they do not have the income of regular employees. They also have to pay the tuition fees for the internship subjects they enrolled in. And there are no benefits or protections from the สนใจสมัคร? คลิกที่นี่เพื่อเริ่มต้น university. Although the internship benefits them greatly, some things make them feel dissatisfied and feel that they are being taken advantage of.
Are interns a kind of labor?
First of all, you have to understand that “internship” is one of the courses in the education curriculum. It is a preparation for entering the working world. Therefore, before sending students to intern at any establishment. The educational institution must send a letter to the establishment first stating what subject they are internship from, how long it will last, and most importantly, there must be a teacher to supervise the internship.
When the establishment accepts the internship, most of them will sign an “internship contract” that states various details, such as clearly specifying the scope of work, which may include working hours, starting and ending hours, compensation (if any), and leave days and holidays that the intern will receive, just like the actual employment contract.
According to the Labor Law, interns must be 15 years of age or older, with a minimum internship period of 2 months and a maximum of 1 year. The rules for internships are based on the Labor Protection Act, which states that work must not exceed 8 hours per day and that a break of at least 1 hour per day must be taken, just like regular employees. However, if the work is longer than that and the internship is still ongoing, additional wages may be required, as this is considered work “outside” of the internship.
However, if it is a “general internship” that is a one-sided claim and is not part of the curriculum, it may be interpreted as “work”, not an internship. In this case, it must be protected by the labor law. The wages must be at least the minimum wage and have holidays and rest days like general employees.
What types of work can’t interns do according to the labor law?
In addition to the issue of salary and various benefits that are often a hot topic of debate, another equally important thing when accepting interns is that interns are prohibited from working overtime, working on holidays, and doing work that is dangerous for children as stipulated by law. According to the Labor Protection Act of 1998, there is a list of dangerous work for children (if the intern is under 18 years old) as follows:
- Metal Stamping
- Metal blowing, smelting, casting and rolling
- Hazardous chemical work
- Work performed in cold rooms in the manufacturing industry or food preservation by freezing
- Care for patients with communicable diseases in accordance with the Communicable Disease Act
- Work in the diagnostic laboratory
- Work using an electric saw or engine
- Production or transportation of fireworks, firecrackers, or other explosives
- Forklift or crane driving jobs
- Work using a hammer drill
- Cleaning machinery during operation
- Radioactivity related work
- Work that must be done at heights of 10 meters or more
- Production or transportation of carcinogenic substances as required by law
- Slaughterhouse work
- Underground, underwater or tunnel work
- Work performed in gambling establishments
- Work performed in service establishments in accordance with the Service Establishment Act
If a company is found to have people under 18 doing these jobs, or is physically or mentally harmed or killed. The company will be fined 400,000-2,000,000 baht or imprisoned for up to 4 years, or both.
Internship students, free labor or must pay?
One issue that is often debated is whether the educational institution has a letter sending children to train according to the curriculum. Should the trainees receive wages or not? The Office of Labor Protection and Welfare has previously explained. Whether it is an internship according to the law of the Department of Skill Development or an internship sent by an educational institution to train as part of the curriculum. The company that accepts the intern “does not have to pay wages” and does not have to make social security contributions.
The law does not require companies to pay interns. Because the purpose of internships is not to work for wages in return for work according to the employment contract. But to train to prepare skills before entering the labor market or as part of the curriculum. Which states that it is important to go through practical training, learn, and gain direct experience. Therefore, when companies accept interns, it is not employment. This means that both parties are not employers and employees.
When educational institutions sent letters to the company to request to send interns to complete their study programs. The interns did not agree to work for the company for wages. At the same time, the company did not agree to accept the interns to work for wages. Therefore, the legal relationship between the company and the interns was not a legal relationship under an employment contract and was not an employer-employee relationship under Section 5 of the Labor Protection Act B.E. 2541 and amendments.
In addition, the term “wages” under the Labor Protection Act B.E. 2541. Section 5 is also defined as “money that employers and employees agree to pay as compensation for work under an employment contract for normal working hours, daily, weekly, monthly, or other periods, or paid based on the results of work that employees can do on normal working days, and includes money that employers pay to employees on holidays and leave days that employees do not work. But employees are entitled to receive under this Act.”
Simply put, if the company does not pay the intern. It is not illegal because they are not working as an “employee” with an “employer” under the employment contract. However, if the company wants to pay the intern appropriately. Because they believe that coming to work will have travel expenses, food expenses, etc. The rate of such compensation will depend on what the “internship contract” states. And the law does not have criteria for how much to pay. Which is different from holding an “employment contract” that must refer to the labor law. Which has a minimum wage rate according to the province.
However, if students come to request an internship on their own, not because it is part of the curriculum or do not have a letter from the educational institution requesting an internship. In this case, it will be considered as normal employment, with the status of employer and employee, and must do everything according to the labor law. As if they were a normal employee in every respect. They cannot be interns.
However, in such cases, the Department of Labor Protection and Welfare has previously sent a letter to the Ministry of Higher Education, Science, Research and Innovation. Stating that if students are sent to intern with companies. If they perform the same work as general employees. They should comply with labor protection laws, pay minimum wages and have clear holidays.
This is a request for cooperation, not an obligation. If it is “forced”, it will “squeeze” the business operators too much. Because it is considered an increase in expenses, even though many companies do not need to accept students for internships.
Although the law does not require companies to pay interns, most companies offer interns a form of compensation called “allowance” in lieu of wages. When the internship contract states that the intern will receive an allowance (money paid by the operator to the trainee in return for training). The company must pay the amount according to the normal allowance law. Which, according to the law, is no less than 50 percent of the minimum wage in that province. The
advisor must have a “role” in the internship.
In terms of internships, apart from the intern students and the various establishments. There is actually another personnel position that plays a very important role in being a coordinating medium between educational institutions and various establishments. Including taking care of students until the internship program is completed.
Which is the “teacher” who must listen to internship problems from students. Follow up on internship results, explain the purpose of the internship, and train students on what to do when requesting internships with various establishments as the student’s employer.
Advisors or teachers of courses with internship credits must follow up on the internship results of all students. Students should report their results and problems regularly so that if any problems arise, they can be resolved promptly. If they know that their students have been treated unfairly or taken advantage of during the internship. Such as being overworked beyond what is permitted by law, they must be taught how to protect themselves.
Such as knowing their rights, what they can refuse, or what the teacher must help with. Because they are considered the internship supervisors and can talk to employers if what the students actually encounter does not match the internship contract. They may also consider not sending students to intern in the next batch or withdrawing from the internship. When they find out that what the students have experienced is being taken advantage of.
In addition, teachers should also play a role in “advising” students who will go for internships, such as choosing which company to intern for the most benefit in the field they will graduate from. Whether there is systematic training, appropriate assignments. So that students can try out the work before working effectively. What welfare is conducive to internships and provide the most real work experience. Companies that can issue internship certificates, make work fun and beneficial.
Including training students about what should and should not be done. As we are the ones who are requesting internships, what we should protect our rights. What should not be demanded excessively when looking at the intention of requesting internships, all of which are for the benefit of the students themselves.
What should a win-win internship look like?
Because “internship” is based on the principles of labor protection law. Such as having a day off, working no more than 8 hours, and night work being prohibited, except for certain types of work, such as sailing at sea, relying on the tides, or filming TV dramas that must be filmed at night. But generally, work must be done during the day. Compensation or benefits must be appropriate because every company must comply with the labor protection law, which is considered a basic law. Even though the intern does not have an “employment contract.” There should be a standard for treating interns as if they were workers under the law.
In fact, if the company and the interns respect each other and treat each other without anyone taking advantage of anyone. This problem will not occur at all. And they benefit from both trying out real work before graduating and working, receiving an internship certificate. As proof of course completion and graduation, and supporting documents in their resumes to confirm their potential for applying for jobs.
But deep down, they expect to be treated fairly, appropriately, not taken advantage of, and to feel satisfied and happy at work. If they receive wages or allowances. They will be more motivated to intern, more enthusiastic about working, and higher quality work.
In addition to the benefits on the internship side, who successfully achieve the internship objectives with satisfaction and happiness. Have valuable internship experiences to pave the way for future employment and make this internship not in vain, the company also benefits. Not only the tasks assigned to the interns, but in the future.
In the case that the intern returns to work with the company where they interned. It means that the company will not have to spend any costs in finding operational-level employees. You will get people who work well, are quality workers, and work well with the organization. Because the senior interns will tell their juniors about it. Creating a good image for the company in the long run.
Therefore, all problems will not occur if both parties intend to do their part as best as possible. Use this opportunity to further develop their knowledge in real work.
Whether it is knowledge in the classroom or knowledge that they have earned themselves, and create good opportunities to use in applying for jobs in the future. As for the salary or benefits, it responds to the good impression on the students themselves more. Making them feel good that they have the opportunity to intern at this company. It is a good experience that they will never forget, and the image of the organization in their eyes is that it is a good organization worth working for.
The company should also be aware of the appropriateness of assigning work to interns. It should prioritize the development of personnel such as students. *It should know how to give and receive appropriately. It should not create bad experiences for children. -It should not find ways to take advantage or reduce costs from accepting interns. Which is a legal loophole. Instead, it should focus on creating a good impression and experience.
Because in the end, even though students will be interns for a short period of time. The company’s reputation, image, and the quality of work from the internship will remain forever. The result of having good governance, in addition to creating a good working environment. That you may be able to work with quality former interns who will return to work with you and create benefits for your organization in the future.