Internship Contract Agreement Template for the Philippines
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What is a Internship Contract Agreement?
The Internship Contract Agreement is a crucial document used in the Philippines when establishing a formal internship relationship between a host organization and an intern. This agreement is essential for compliance with Philippine labor laws, particularly DOLE Department Order No. 40-03 and CHED Memorandum Order No. 104, which govern internship programs. The document is typically used when organizations offer structured training programs to students or trainees, whether for academic credit or professional development. It includes comprehensive details about the internship program, including duration, training objectives, supervision arrangements, and any compensation or benefits. The agreement also addresses important aspects such as intellectual property rights, confidentiality obligations, and health and safety requirements, while ensuring protection for both the host organization and the intern under Philippine law.
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About the Internship Contract Agreement
When establishing an internship program in the Philippines, you need a comprehensive legal framework that protects both your organization and the intern while ensuring compliance with Philippine labor laws. An Internship Contract Agreement serves as this essential foundation, creating clear expectations and legal protections for all parties involved in the training relationship.
When do you need this document?
You require an Internship Contract Agreement whenever your organization hosts students or trainees for structured learning experiences. This includes university students completing academic requirements, vocational trainees participating in dual training systems, or professionals seeking hands-on experience in your industry. The agreement is mandatory when your internship program exceeds 40 hours or involves regulated industries requiring DOLE oversight. You also need this document when academic institutions require formal agreements for credit-bearing internships, or when offering paid internship positions that could be classified as employment relationships. International students participating in Philippine internship programs particularly benefit from having formal agreements that clarify their legal status and rights.
Key legal considerations
Your internship agreement must clearly distinguish between educational training and employment to avoid unintended labor law obligations. Include specific clauses defining the educational nature of the relationship, supervision arrangements, and learning objectives tied to academic curricula. Address intellectual property ownership for any work created during the internship, particularly important in technology, research, or creative industries. Establish confidentiality obligations to protect your organization's proprietary information while allowing interns to complete academic requirements. Include health and safety provisions that meet workplace safety standards without creating employer-employee relationships. Consider liability insurance coverage and clearly allocate responsibility for workplace injuries or damages. If providing stipends or allowances, structure these as educational support rather than wages to maintain the training relationship's legal status.
Legal requirements in Philippines
Philippine law requires internship agreements to comply with DOLE Department Order No. 40-03, which mandates written training agreements for on-the-job training programs exceeding 40 hours. Your agreement must include specific training objectives, duration, supervision methods, and evaluation criteria aligned with academic institution requirements. For higher education internships, ensure compliance with CHED Memorandum Order No. 104, which requires institutional partnerships and academic oversight. The Labor Code of the Philippines applies to certain aspects of internship relationships, particularly regarding workplace safety and non-discrimination. If your internship involves minors, obtain parental consent and ensure additional protective measures under Philippine child labor laws. Regulated industries may require pre-approval from relevant government agencies and inclusion of industry-specific safety protocols. Document all training activities and maintain records as required by both DOLE and academic institutions for compliance verification and program evaluation purposes.
GOVERNING LAW
Applicable law
This Internship Contract Agreement is drafted to comply with Philippines law. Key legislation includes:
DOLE Department Order No. 40-03 Series of 2003: Guidelines for the implementation of on-the-job training/internship programs, including requirements for training agreements and protection of interns
Republic Act No. 7686 (Dual Training System Act of 1994): Governs the implementation of dual training systems and internship programs, establishing standards for practical training in companies
CHED Memorandum Order (CMO) No. 104, Series of 2017: Guidelines for Student Internship Program in the Philippines for all programs with practicum components
Civil Code of the Philippines (Republic Act No. 386): Provides general provisions on contracts and obligations that apply to internship agreements
Data Privacy Act of 2012 (Republic Act No. 10173): Regulates the collection and processing of personal information, which must be considered when handling intern's personal data
Social Security Law (Republic Act No. 8282): Determines whether and how interns should be covered by social security benefits
DOLE Department Order No. 68-04 Series of 2004: Rules and regulations on occupational safety and health standards, which also apply to internship programs
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