Internship Agreements: Know Your Rights

Internship agreements can be short or long. Either way, a few key points affect your experience and your rights—whether you're paid or unpaid, what you'll actually do, who owns the work you create, and what happens when the internship ends. If you don't read carefully, you might agree to an unpaid internship that should be paid under local law, or to hand over rights to all your work (including side projects), or to stay in a role that isn't as promised with no clear way out. Here's what to look for in internship offers—so you're protected and fairly treated.

Paid vs unpaid

In many places, unpaid internships are only allowed under strict conditions. If you're doing real work that benefits the employer, you may be entitled to pay. Here's what to understand.

Legal rules

In many jurisdictions, unpaid internships are only legal if they meet certain criteria—for example: (1) the internship is primarily for the intern's educational benefit (training, supervision, learning), (2) the intern does not displace paid workers (you're not doing a job that would otherwise be done by an employee), (3) the employer does not get an immediate advantage from the intern's work (or the work is closely supervised and tied to training), and (4) there is no guarantee of a job at the end. If the internship looks like a job—you're doing the same work as employees, with little training or supervision, and the employer benefits directly—you may be entitled to at least minimum wage. The rules vary by country and sometimes by sector; check your jurisdiction. If you're unsure whether your internship should be paid, get advice (e.g. from a student union, labour office, or lawyer).

What to look for

• Is the internship paid? If yes, what's the rate? Is it at least minimum wage? Is it a stipend (fixed amount) or hourly? When do you get paid—weekly, bi-weekly, monthly?
• If unpaid, does the agreement describe training, supervision, and how it's primarily for your benefit? For example, does it say you'll receive mentoring, have a designated supervisor, and do projects that are primarily for learning? If the agreement is silent or vague, and the role sounds like a job (e.g. "you'll support the marketing team with day-to-day tasks"), that can be a red flag. You might be doing work that should be paid.
• If it looks like a job, get advice. If you're doing the same work as employees, with little training, and the employer is getting real value from your work, you may have a claim for pay. Don't assume that "internship" means unpaid—in many places it doesn't, unless the strict criteria are met.

Scope and duration

What will you actually do? How many hours? How long is the internship? Vague "other duties" can stretch into work that doesn't match what you signed up for. Here's what to check.

Hours, length, duties

How many hours per week? Full-time (e.g. 40 hours) or part-time (e.g. 20 hours)? Is there flexibility, or are you expected to be there at set times? How long is the internship—3 months, 6 months, a year? Is there an end date, or could it drag on? What will you actually do? The agreement should describe the role—e.g. "you will assist the product team with research, documentation, and user testing." If it says "other duties as assigned" or "as needed," that can be very broad—you might end up doing admin work, fetching coffee, or tasks that don't match what you expected. Push for a clear description of the main duties. If the role changes significantly (e.g. they want you to do something different from what was agreed), ask for the change in writing—and consider whether it's still what you want.

What to look for

• Clear description of role. What are the main duties? What team or manager will you work with? What projects or tasks are you expected to do? The more specific, the better.
• Hours and length. How many hours per week? What's the start and end date? If there's no end date, ask for one—you don't want to be in an open-ended "internship" with no clarity.
• Any extension or change should be in writing. If they want to extend the internship or change your duties, get it in writing. That protects you and makes sure everyone is aligned.

IP and confidentiality

The employer may claim ownership of work you create and require you to keep information confidential. For interns, the scope of these obligations should be reasonable. Here's what to check.

What it is

IP assignment: The employer may say that all work you create during the internship—ideas, code, designs, documents—belongs to them. That can include work you do on your own time if the clause is broad (e.g. "all work product created during the internship period"). Confidentiality: You may agree not to disclose the employer's confidential information—business data, strategies, customer information, etc. Both are common—but the scope matters. For interns, IP assignment is often limited to work done for the employer during the internship, using their resources and on their time. It shouldn't claim your past work, school projects, or unrelated ideas you develop on your own. Confidentiality should be reasonable in scope (what counts as "confidential"?) and duration (how long after you leave?).

Why it matters

If the IP clause is broad, it might claim your past work (e.g. code you wrote before the internship), school projects (e.g. a thesis or project you're still working on), or side projects you develop on weekends. That can be unfair—and in some places unenforceable—but the clause might still be there and create uncertainty. Make sure the agreement doesn't claim rights to work that isn't related to the internship or that you did before joining. If it does, push back or get advice. Confidentiality is reasonable—you shouldn't disclose the employer's secrets—but it shouldn't prevent you from describing your experience in a general way when you're job-hunting (e.g. "I interned at X and worked on product research") without revealing specific confidential data.

What to look for

• Carve-out for pre-existing work. If you're bringing in code, designs, or ideas you had before the internship, the agreement should say the employer doesn't get rights to them. Disclose what you're bringing in and get it in writing.
• Carve-out for unrelated work. Work that is (1) not related to the employer's business, (2) developed on your own time, and (3) without the employer's resources should remain yours. Many employers accept this for interns; if they don't, push back.
• Confidentiality: scope and duration. What counts as "confidential"? For how long after you leave must you keep it confidential? It should be limited to real business secrets—not general skills or public information. You need to be able to describe your role and experience when job-hunting.

Termination and references

Can you leave early if the role isn't as promised? Will they provide a reference when you're done? Here's what to check.

Can you leave early?

Is there a notice period (e.g. 2 weeks) you must give if you want to end the internship early? Or can you leave by mutual agreement? You don't want to be stuck if the role isn't as promised—e.g. you're doing admin work instead of the research you were told about, or the "training" never materialises. If the agreement says you must give 4 weeks' notice or complete the full term, understand what happens if you leave early. Do you owe anything? Is there a penalty? In many places interns can leave with reasonable notice (e.g. 2 weeks) even if the agreement says otherwise—check your jurisdiction. But it's better to have a clear, reasonable notice period in the agreement so there's no dispute.

References

Will the employer provide a reference or confirmation of the internship when you're done? That's important for your CV and for future job applications. Some employers automatically provide a letter or LinkedIn recommendation; others don't. Ask before you start—or at least before you leave. Get it in writing if you can: "We will provide a reference letter upon completion of the internship." That way you know what to expect and can follow up if they don't deliver.

BeforeYouSign can surface these clauses in your internship agreement so you know what you're agreeing to and what to ask about before you sign.