People & Leadership
A label on the arrangement does not change what the arrangement is
Interns and freelancers are a sensible way for a small business to get specific work done, test a role or give a young person a start. They are also a common source of misunderstanding: unclear work, unclear payment, unclear ownership of what was made. And sometimes the person is doing the work of an employee under a different label. This session covers how to engage interns and freelancers fairly and in writing, how to manage them well, and why the label alone does not decide the position. It is not legal advice.
Explore this page6 sections
Short-term help works best when the work is bounded and the terms are written down.
An intern comes for two months and is told to 'help out'. A freelancer is hired on a message and a verbal rate. Months later there is a disagreement about what was promised, who owns the designs or the content, whether payment is due, or whether the person was effectively a member of staff.
There is no single definition of an intern in Indian labour law, and courts have looked at the real nature of an arrangement rather than the name given to it. So the safest course is the fairest one: a clear piece of work, a clear end date, a clear payment, a clear written record and honest treatment. This session sets out how, and says plainly when to ask a professional.
What the session covers
40 topics across 7 areas. Seven parts. General information, not legal advice. 6 apply to almost any business; the rest only in a particular case.
Choosing the Right ArrangementMatch the arrangement to the work.5
If a person works set hours, follows your instructions day to day and does the same work as employees, that looks more like employment than freelancing, whatever the document is called. The same applies to a long internship that is really a job. Take advice from an HR professional or lawyer if you are unsure.
- An intern: learning-led, short, with supervision and an end date
- A freelancer: a specific piece of work or skill, working in their own way and on their own time
- An apprentice: a structured training arrangement with its own rules
- A part-time or fixed-term employee: ongoing work done under your direction
- Asking whether the work is really ongoing, regularly scheduled and under your control
Scoping the WorkBounded and real.5
- A defined project or deliverable with a clear outcome
- A start date, an end date and key milestones
- Work that gives an intern something to learn, not only chores
- Work that can be completed without giving away sensitive access
- Avoiding the use of interns to replace a needed full-time role
Paying FairlySay it before the work starts.6
- A clear amount, whether fee, stipend or unpaid, stated in advance
- Thinking carefully before offering an unpaid internship
- A payment date and method, and what triggers it
- What happens if the work is changed or cancelled
- Paying on time
- Asking an accountant about tax and invoicing for payments to freelancers
A Short Written AgreementOne or two pages is enough.7
Ownership of what a freelancer creates may not pass to you automatically. Have a lawyer help word it for your situation, especially for designs, code, content or anything you plan to sell.
- Names and contact details of both sides
- The scope of the work, and what is not included
- Dates, hours or deadlines, and where the work is done
- Payment, expenses and when each is due
- Confidentiality and what they may or may not share
- Who owns the work produced, stated in writing
- How either side can end the arrangement, and with what notice
Managing Them WellShort does not mean unmanaged.5
- A named person they can ask
- A short first-day or first-week brief
- Regular, brief check-ins, with feedback on the work
- Giving interns real responsibility within safe limits
- Treating them respectfully, as you would any colleague
Access, Data and SafetyGive only what the work needs.6
- Limited access to customer data, accounts and systems
- No handling of cash or sensitive documents without supervision
- A confidentiality understanding in writing
- Taking away access on the last day
- Safe travel and working conditions, especially for young interns
- The POSH Act's definition of employee covers trainees and apprentices, so interns should know where to take a complaint
Finishing WellIf it appliesThe end of the engagement is part of the engagement.6
- A final conversation about what went well and what did not
- Written feedback or a reference, if deserved
- A certificate of the work done, where relevant and accurate
- Final payment on the date agreed
- A handover of the work, files and logins
- Deciding honestly whether to offer more work or a job, and telling them clearly if you will not
Questions to settle before anyone starts
- What exactly will they produce, and by when?
- Who is their point of contact?
- What will they be paid, and when?
- Who owns what they make?
- What can they see, and what can they not?
- How does the engagement end?
Warning signs the label no longer fits
- The 'intern' has been there for a year doing a regular job
- The 'freelancer' works only for you, at fixed hours, on your instructions
- There is no end date and no defined work
- There is nothing in writing
- The person would be missed like an employee if they left tomorrow
How the session runs
An HR practitioner or an employer experienced in using interns and freelancers explains each stage with made-up examples. Participants scope a piece of work for an intern or freelancer in their own business and draft the key points of a one-page agreement. The session gives general practice. The legal position of interns, freelancers and apprentices depends on the facts, the contract and current law, so questions about your own arrangements should go to a lawyer or HR professional.
What your students leave with
- A way to decide whether an intern, a freelancer, an apprentice or an employee fits the work
- A defined, bounded piece of work with an end date for each engagement
- A short written agreement covering scope, payment, timing and ownership of the output
- A plan for the first week, regular feedback and a fair finish
- An understanding of why the label does not decide the legal position, and when to seek advice
- Clear boundaries on access to data, customers and money
Scheduled sessions
Nothing scheduled yet
Sessions are arranged with a college once a date is agreed. Ask us and we will find the right person for it.
A student rather than a college? See what is coming up, or ask your placement team to host this.
Write down the work, the pay and the end date before the first day.
Tell us who your students are and what stage they are at. Sessions are free for participants.