If you are stuck in such a situation, here is what to do.

Mr. Sameer was engaged as a full-time intern at a technology firm, “InnovateNext Tech,” located in Pune. His offer letter stipulated a six-month internship duration but made no mention of a notice period. After completing two months, Mr. Sameer approached his manager, Mr. Verma, to discuss the possibility of converting his internship into a full-time position. Mr. Verma insisted that he must complete the entire six-month term before being considered for a permanent role.

As Mr. Sameer had already secured a full-time job offer from another company, he informed Mr. Verma of his decision to leave. In response, Mr. Verma stated that Mr. Sameer was required to serve a 30-day notice period. This entire conversation took place over the phone, and no formal resignation had been submitted in writing. The internship paid a modest stipend of ₹12,000 per month for a demanding onsite Software Engineer role, making the sudden imposition of a notice period particularly contentious.

Advice in such cases

• Review Your Agreement: The first step is to meticulously examine your offer letter or internship agreement. The terms and conditions mentioned in this document are legally binding. If there is no clause about a notice period, the company generally cannot enforce one unilaterally.
• Maintain Written Communication: Shift all conversations from verbal to written form (email). Send a formal resignation email clearly stating your last day of work. This creates a documented record of your communication.
• Negotiate Amicably: Try to resolve the issue by discussing it with HR or senior management. Explain your situation and refer to the terms of your offer letter. A reasonable employer might waive the requirement, especially if it was never agreed upon.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Disputes related to internships and employment are primarily governed by contract law and labour laws.

• The Indian Contract Act, 1872: The offer letter is a form of contract. Its terms are binding on both parties. If the contract does not specify a notice period, compelling an intern to serve one can be considered a breach of the agreed-upon terms. Any new condition imposed unilaterally is not legally enforceable.
• The Industrial Disputes Act, 1947: Whether an intern qualifies as a “workman” under this Act depends on the nature of their duties. If the work is not purely managerial or supervisory and the intern is performing skilled or technical work, they may be protected under this Act. In such cases, rules regarding termination of service would apply.
• State-specific Shops and Establishments Act: Each state has its own Shops and Establishments Act that governs working conditions, including notice periods, for employees in various establishments. The applicability to interns can vary, but these acts often provide a legal framework for employment terms.

If you are the complainant

If you are the intern in this scenario, you are the complainant or the aggrieved party. Your goal is to leave the internship without being unfairly penalized and to receive your experience letter and any pending stipend.

• Gather Documentation: Collect all relevant documents, including the offer letter, any email communications with the company, and records of your stipend payments.
• Send a Formal Resignation: Draft a clear and professional resignation email. State your last working day and politely point out that the offer letter does not contain a notice period clause. Request the timely settlement of your final dues and the issuance of your experience letter.
• Follow Up with a Legal Notice: If the company withholds your stipend or refuses to provide an experience letter, you may need to send a legal notice through a lawyer. This formal communication often prompts companies to comply to avoid legal proceedings.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

Being a victim in this context means your rights as an intern are being violated. The company is attempting to enforce a condition that was not part of your initial agreement.

• Do Not Succumb to Pressure: Do not let verbal threats or pressure tactics from a manager compel you to serve a notice period that is not contractually required.
• Document Everything: Keep a record of all interactions. If a conversation is verbal, follow it up with an email summarizing the discussion to create a paper trail. For example, “Dear Mr. Verma, this is to follow up on our phone call today where you mentioned a 30-day notice period…”
• Focus on Your Rights: Your primary rights are to receive payment for the work you have done and to get a letter acknowledging your experience. If these are threatened, you have legal recourse.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

This is a civil dispute, not a criminal matter. The police have no jurisdiction over contractual or labour disputes between an employer and an intern. If you approach a police station, they will rightly direct you to seek remedy from the appropriate forum, such as the office of the Labour Commissioner or a civil court. Police intervention is not required or appropriate in such cases.

FAQs people normally have

• Can my employer force me to serve a notice period if it’s not in my offer letter?

No. An employer cannot unilaterally impose conditions that were not part of the original employment contract or offer letter. The terms agreed upon at the time of joining are what govern the relationship.

• Can the company withhold my stipend or experience letter?

No, a company cannot legally withhold your earned stipend for work already performed. Similarly, while providing an experience letter is not always a statutory mandate, withholding it as a pressure tactic is unethical and can be challenged legally, especially if it harms your future employment prospects.

• Are interns considered ’employees’ under Indian law?

The legal status of interns is ambiguous and often depends on the specific facts of the case and the nature of the work performed. Courts have sometimes treated interns as ‘workmen’ if their role involves substantive work rather than just training, affording them protections under labour laws. However, if the role is purely for learning, they may only be covered by the terms of their contract.

What evidence is required?

To build a strong case, you should gather the following evidence:

• The Internship Offer Letter or Contract: This is the most crucial piece of evidence as it outlines the agreed-upon terms.
• Email Correspondence: All emails related to your hiring, work, and resignation.
• Proof of Work: Any documents, project files, or communications that demonstrate the work you performed for the company.
• Salary/Stipend Slips or Bank Statements: Proof of payments received from the company.
• Witnesses: If any colleagues are aware of the situation and willing to support your version of events, their testimony could be helpful, although written evidence is stronger.

How long will the investigation take?

Since this is not a criminal matter, there is no “investigation” in the police sense. If a complaint is filed with the Labour Commissioner, the process involves sending notices to the employer and holding conciliation meetings. This can take a few weeks to several months. If the matter proceeds to a labour court or civil court, the timeline can be much longer, potentially lasting a year or more, depending on the court’s caseload and the complexity of the case. However, many such disputes are resolved much faster once a legal notice is sent.

Advocate Sudhir Rao, Supreme Court of India