He can leave forthwith if not expecting internship letter. Otherwise have to follow management decision. Intern is not bound by service rules but than also cannot benefited for remedies available to employees.
Notice period for Internship
Dear sir /Madem, My brother works as an intern (management production trainee ) in a reputed MNC, in his offer letter there is no terms and condition that says he needs to serve the notice period of one month and it is clearly mentioned that he would be entitled to stipend ( not salary). He wishes to discontinue his internship there and they now say he needs to serve the notice period. They say thay since you signed to adhere to the policies of the organisation, one month notice is a must. It is in my opinion an employment policy and hence cannot be applied to an intern / apprentice as other employment policies like leave policy are not applied to him. Kindly advise if we have a valid stand here , if so what should be my brother's course of action.
Asked 5 years ago in Labour
11 Answers
If there is no mention of notice period, you are not liable to serve the notice period nor to pay up for any unserved period.
Leave the job and join new one.
Ignore all their demands. They can not take any legal action against you.
See your brother may oppose to company's stand as he is not employee to company and not receiving such benefits he is just an intern and only clauses signed by him shall apply on him. In absence of any written agreement in regard to notice period same policy shall not apply to him. He can quit from internship and can ask for his certificate and stipend.
Brother should leave the organisation in amicable note
2) serve the notice period of one month
If he wants to leave he can leave. There is no compulsion for him to stay. He will not get the internship certificate.
Regards
Many internships are paid positions while others are not. ... Non-paid internships offer valuable work experience that helps enhance a resume. Whether paid or not, the work is still a form of employment. Potential employers will acknowledge your work as such.
The Employment Act covers every employee who is engaged under a contract of service, including interns. This means an employer is obliged to accord statutory benefits prescribed under the Act to an intern, as long as the intern performs work and has work arrangements similar to that of a regular employee in the organisation.
Thus if it is considered as employment then you may have to issue notice as required for leaving the organisation.
Hi
In internship there is no concept of probation/ notice period etc as internship is not an employment.
You have a valid stand here.
In case your brother quits the internship, the maximum risks are that he might not get any stipend or experience certificate. So as such the mnc cannot ask your brother to serve notice period.
Give adequate notice to the company when leaving your internship earlier than scheduled so they have time to fill the position, if desired, before you leave. Offer two weeks' notice or more and refrain from leaving immediately or in less than a week to avoid leaving the company in a bind.
Yes you have valid stand.
Your brother don't have to serve the notice period as he is not permanent employee of the company.
He can buy the notice period by paying basic salary
- As per Specific Relief Act , if any employee quits before the notice period ,the Employer can only recover the Notice pay , and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employees decision , and the employer cannot sue for breach of contract , if the employee leave without serving contractual notice.
- As per law, an Intern is not considered as a permanent employee, and the rules of the company not applied on him.
- Hence, you have a valid stand , and your brother is not bound by any rules & policies of the organization, and further he is free to discontinue the said internship there.
