Student Internship Agreement (Philippines)

A Student Internship Agreement in the Philippines sets out the terms of employment between employer and worker, covering pay, hours, leave, notice and the duties of the role.

CHED CMO No. 104 (2017) defines Student Internship as a work-based learning strategy embedded in the curriculum of degree programs that provides students with practical experience in a host training establishment related to their field of study. The internship must be included in the approved curriculum of the HEI and must satisfy the required number of OJT hours — typically 200–600 hours depending on the degree program — prescribed in the CHED Policies, Standards, and Guidelines (PSGs) for the specific discipline.

A Student Intern is NOT an employee of the HTE under the Labor Code of the Philippines. The student does not form part of the HTE's regular workforce, is not covered by the Labor Code's provisions on security of tenure, and is not entitled to minimum wage, 13th month pay, or mandatory benefits as an employee. The student intern is entitled to receive a training allowance from the HTE under CHED CMO No. 104 (2017), Section 8, which encourages — but does not mandate — HTEs to provide a monthly allowance to cover transportation and meals.

The Department of Labor and Employment (DOLE) issued Labor Advisory No. 19-12 clarifying that student interns who receive training allowances are not employees and that the training allowance is not considered wages for purposes of the Labor Code, SSS, PhilHealth, or Pag-IBIG contribution requirements.

The legal framework governing the Student Internship Agreement (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Student Internship Agreement (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Labor Code of the Philippines (PD 442) sets the foundational requirements.

A Student Internship Agreement in the Philippines is needed when a student is required to complete OJT as part of their academic degree program and an HTE agrees to host the student.

A Student Internship Agreement is required when a college student enrolled in a CHED-accredited degree program — Business Administration, Nursing, Engineering, Information Technology, Tourism, or any professional program with OJT requirements — is deployed to an HTE for the mandatory OJT hours prescribed in the CHED PSG for their program under CHED CMO No. 104 (2017).

A Student Internship Agreement is needed when a TESDA TVL learner enrolled in a TESDA-registered course with enterprise-based training requirements is deployed to an enterprise partner under TESDA's competency-based training regulations, requiring a formal training agreement between the learner, the TESDA-accredited TTI, and the enterprise.

A Student Internship Agreement is required when a Senior High School student enrolled in the Technical-Vocational-Livelihood (TVL) track under the K-12 Program (RA 10533, Enhanced Basic Education Act of 2013) completes Work Immersion as a required subject under DepEd Order No. 30 (2017), which mandates 80 hours of work immersion in an HTE relevant to the student's TVL specialization.

A Student Internship Agreement is needed when a private company or government agency wishes to establish a formal OJT program with partner HEIs, providing structured internship placements for students with defined learning outcomes, supervision protocols, and evaluation criteria aligned with CHED CMO No. 104 (2017) requirements.

A Student Internship Agreement is required when a government agency — LGU, national government agency, GOCC — hosts student interns under their OJT programs, as CSC rules and COA audit guidelines require formal internship agreements for student placements in government offices.

Parties in Philippines should prepare a Student Internship Agreement (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Student Internship Agreement in the Philippines must contain the following elements to comply with CHED CMO No. 104 (2017) and DOLE Labor Advisory No. 19-12.

Tripartite Parties: Full legal names of the three parties — the student intern (with student ID number), the HEI or TVI (with CHED or TESDA accreditation number), and the HTE (with DTI or SEC registration). The agreement must reflect the tripartite nature of the OJT relationship: the HEI owns the OJT curriculum, the HTE provides the practical training environment, and the student is the trainee.

OJT Duration and Hours: The specific number of required OJT hours as prescribed by the CHED PSG for the degree program — e.g., 200 hours for 3-year programs, 486 hours for engineering programs, 600 hours for business programs under some PSGs. The start and end dates of the internship period and the daily/weekly schedule must be stated.

Learning Objectives and Training Plan: The specific competencies, skills, and knowledge the student is expected to acquire during the internship, aligned with the HEI's OJT curriculum and the degree program's learning outcomes under CHED CMO No. 104 (2017). The HTE must assign a qualified supervisor who will evaluate the student's performance.

Non-Employee Status: An explicit statement that the student intern is NOT an employee of the HTE, is not subject to the Labor Code's provisions on minimum wage, security of tenure, or mandatory benefits, and that the OJT is an academic activity. This protects the HTE from unintended labor law liability.

Training Allowance: Whether the HTE will provide a monthly training allowance to cover transportation and meal expenses, and the amount (if any). CHED CMO No. 104 encourages HTEs to provide allowances but does not mandate a specific amount or make it mandatory.

Health and Safety: The HTE's obligation to provide a safe training environment under the Occupational Safety and Health Standards (DOLE DO 198-18) and the HEI's obligation to provide accident insurance for the student during the internship period under CHED CMO No. 104 (2017), Section 5(e).

Additional compliance elements for a Student Internship Agreement (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.