កិច្ចសន្យាកម្មសិក្សា ឬកិច្ចសន្យាការងារ៖ តើខ្សែបន្ទាត់នៅឯណា?

An internship becomes an employment contract when the intern mainly performs productive work for the organisation instead of learning for a training programme. The label on the agreement does not decide this: a court, the Employee Insurance Agency (UWV) or the Tax Administration (Belastingdienst) looks at how the internship works in practice, and a reclassification applies retroactively.

តើកិច្ចសន្យាការងារមាននៅពេលណា?

There is an employment contract when someone performs work in the service of another, for wages, for a period of time. That is the definition of មាត្រា 7:610 នៃក្រមរដ្ឋប្បវេណីហូឡង់ (BW); an internship is not a separate contract type in the Civil Code.

The assessment takes two steps. First, the court establishes what the parties actually agreed and how they carried it out (the Haviltex standard). Then it checks whether that content meets the statutory description of an employment contract. What the parties called the agreement is not decisive. The same test decides នៅពេលដែលអ្នកម៉ៅការក្លាយជានិយោជិត; with an internship, the learning objective is the counterweight.

What does the legal presumption of Article 7:610a BW add?

Anyone who works for another for pay during three consecutive months, weekly or for at least 20 hours a month, is presumed to work under an employment contract (Article 7:610a BW). The organisation can rebut this presumption, but then has to prove that there is no employment contract, for example because the learning element prevails.

What separates an internship from a job?

The learning element. Case law asks whether the work is mainly done in the interest of the intern’s training, or mainly to contribute to the organisation’s business.

No single feature decides. A កិច្ចព្រមព្រៀងត្រីភាគី with the school, a low internship allowance or some productive work does not by itself turn an internship into a job. Where the intern receives real supervision and feedback, the relationship can remain an internship even if the work is useful to the organisation. The court weighs all facts together.

Which signals increase the risk of reclassification?

The risk grows when the intern’s work looks like that of a regular member of staff. The following signals carry weight with the court, UWV and the Belastingdienst:

• the intern structurally does production work that employees would otherwise do;
• there is no learning plan, or it is not followed and no internship report is kept;
• the intern is fully scheduled as regular staff;
• the organisation is mainly interested in the intern’s output;
• the internship lasts longer than the training requires or is extended without an educational reason.

Imperfect supervision or some productive work does not automatically lead to an employment contract. The question is where the centre of gravity of the relationship lies.

What should the internship agreement record?

The agreement is the first document a court or UWV reads. It should name the training and learning objectives, the supervisor and frequency of supervision, the duration linked to the training programme, and the internship allowance as an allowance rather than wages.

What the agreement says must match what happens. If the documents describe a learning trajectory but the intern is in practice a scheduled worker, the practice decides. Completed learning plans, progress interviews and evaluations carry more weight in a dispute than any clause.

តើអ្នកហាត់ការមានសិទ្ធិទទួលបានប្រាក់ឈ្នួលអប្បបរមាដែរឬទេ?

Not during a genuine internship. Under Article 7 of the Minimum Wage and Minimum Holiday Allowance Act (Wet minimumloon en minimumvakantiebijslag), the right to the minimum wage applies to work performed in employment (dienstbetrekking), meaning under an employment contract.

A low or symbolic internship allowance does not protect the organisation if the relationship is in reality an employment contract. The intern can then claim the statutory minimum wage or youth minimum wage for their age over the whole period, plus holiday allowance.

What happens if an internship is reclassified?

The employment contract is deemed to have existed from the moment the criteria of Article 7:610 BW were met. All mandatory employment law then applies retroactively.

• Back pay: the difference between the allowance and the wage due, with the statutory increase for late payment of up to 50% (Article 7:625 BW).
• ជំងឺ: the right to 70% of wages for 104 weeks, and at least the statutory minimum wage in the first 52 weeks (Article 7:629 BW).
• ការបណ្តេញចេញ៖ the rules on reasonable grounds, prohibitions on notice and UWV permission or court dissolution apply.
• ពន្ធលើប្រាក់ខែ the Belastingdienst can impose additional assessments for wage tax and employee insurance contributions.

The Working Conditions Act (Arbowet) applies to interns in any case, whether or not there is an employment contract. The organisation must ensure safe working conditions, provide information and instruction, and give young interns expert supervision.

តើអ្នកគួរពិនិត្យមើលអ្វីខ្លះក្នុងនាមជាអង្គការ?

• Is there a learning plan linked to the training programme, and is it followed?
• Is a named supervisor available, with regular progress interviews on record?
• Does the intern do work that regular staff would otherwise do, and how much?
• Is the duration linked to the training, without extensions for business reasons?
• Is the allowance recorded as an internship allowance, not as wages?
• Do you review every three months whether practice still matches the agreement, given the presumption of Article 7:610a BW?

What should you check as an intern?

• Does your work relate to your training and learning objectives?
• Do you receive supervision and feedback, or are you simply scheduled as staff?
• Do you work weekly or at least 20 hours a month for pay over three consecutive months?
• Has your internship been extended beyond what your training requires?
• Do you keep your schedules, assignments and correspondence as evidence?

What can we do for you with an internship or employment contract?

របស់​យើង មេធាវីការងារ advise organisations and interns on the qualification of an internship.

• We assess, based on the agreement and the daily practice, whether there is an internship or an employment contract.
• We review or draft your internship agreement and learning plan.
• We calculate back pay, holiday allowance and the statutory increase after a reclassification.
• We draft the claim letter to the organisation or the response to such a claim.
• We conduct proceedings about the qualification before the subdistrict court (kantonrechter).

សេចក្តីសង្ខេប

• An internship is an employment contract if it meets Article 7:610 BW: work, wages, authority and a period of time.
• The deciding factor is the learning element: does training or productive work prevail?
• Article 7:610a BW presumes an employment contract after three months of weekly or 20 hours a month paid work.
• Reclassification is retroactive: back pay, statutory increase, pay during illness and dismissal protection.
• A good agreement helps, but the practice decides.

សំណួរ​ដែលគេ​ច្រើន​សួរ