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You are not required to pay an intern the statutory minimum wage: in a genuine internship, learning comes first, not earning. You can provide a voluntary internship allowance, without a statutory minimum or maximum. However, be mindful of the boundary with disguised employment and any applicable collective labor agreement.
No minimum wage for a real internship
During an internship, the emphasis is on gaining knowledge and experience, not on productive work. Therefore, the statutory minimum wage does not apply to a genuine intern. Consequently, you are not required to pay a minimum amount for the internship itself.
An internship allowance is voluntary
You may grant an internship allowance, but this is in principle voluntary. There is no statutory minimum or maximum for the amount; therefore, an allowance below the minimum wage is permitted. However, an allowance is customary and can make you more attractive as an internship company.
Beware of disguised labor
The line lies between a genuine internship and disguised employment. If the intern effectively replaces a regular employee and primarily performs productive work rather than learning, this may constitute a (disguised) employment contract. In that case, the intern is entitled to (minimum) wages, and the usual employer obligations apply.
Pay attention to the collective labor agreement
An applicable collective labour agreement may contain its own binding agreements regarding a minimum internship allowance. Therefore, always check the collective labour agreement that applies to your company so that you do not miss any obligations.
Frequently Asked Questions
Do I have to pay an intern?
Not the statutory minimum wage for a genuine internship. An internship allowance is voluntary and has no statutory minimum or maximum, unless the collective labor agreement stipulates otherwise.
When does an internship become an employment contract?
If the emphasis is on productive labor rather than learning, a (disguised) employment contract with a right to wages arises.
Is there a collective labor agreement obligation?
Possibly. A collective labor agreement may prescribe a minimum internship allowance. Always check this.
Arranging an internship properly?
Our legal experts draft a tailored internship agreement . View our employment law team or schedule a free consultation .
