What should an Internship Agreement include under Thai law?

1. Definitions and Interpretation
2. Nature of the Internship
3. Internship Period and Schedule
4. Learning Plan and Supervision
5. Allowance, Wages and Expenses
6. Safety and Insurance
7. Conduct, Confidentiality and Use of AI Tools
8. Intellectual Property and the Intern's Report
9. Personal Data
10. Early End of the Internship
11. General

• No stamp duty is payable on this Agreement. Neither an internship that forms part of a study programme nor an employment contract is an instrument listed in the Stamp Duty Schedule of the Thai Revenue Code.

• You chose a study-programme internship: the Intern is a student doing practical training required by … (Clause 2.1). Keep it that way in practice: follow the Learning Plan, supervise and give feedback, and do not use the Intern to cover a vacancy or a busy season (Clause 2.2).
• If an "intern" in fact does the Host's normal work under its direction in return for pay, a labour court may treat the arrangement as employment. The Intern would then be entitled to at least the minimum wage, overtime pay, holidays, leave, social security and, after 120 days, severance pay. If that is the real arrangement, choose the employed option instead.
• The allowance is not wages. Pay it on time and do not make deductions from it (Clause 5.3).
• Arrange personal accident insurance of at least … before the first day (Clause 6.2), or keep evidence that the Institution's insurance covers the Internship.- You chose an employed internship: the Intern is an employee for the whole Internship Period (Clause 2.1), and the Labour Protection Act B.E. 2541 (1998) applies in full. The wage must be at least the minimum wage for the province.
• Register the Intern with the Social Security Office and withhold income tax as for any employee (Clause 5.4).
• An employment for a fixed period ends on its end date without notice (section 17), but severance pay is excused at the end of a fixed term only for specific projects, occasional or seasonal work that meet the conditions of section 118. An internship of 120 days or more may therefore require severance pay at the end (Clause 10.3). Plan the length of the Internship with this in mind and take advice if it will last 120 days or more.

• A person under 20 years of age is a minor under Thai law and needs the consent of a legal representative to enter into this Agreement; without it the Agreement is voidable (Civil and Commercial Code section 21). The Guardian must sign the consent at the end of this Agreement.
• The Labour Protection Act prohibits employing a child under 15 years of age. Do not take an Intern under 15 under the employed option.
• If the Intern is under 18, the Labour Protection Act has special rules for young workers, including limits on daily hours, a ban on night work, overtime and holiday work, and a list of prohibited work (Clause 3.5). Some of those rules also require notice to the labour inspector. Check them with the Department of Labour Protection and Welfare before the Internship starts.

• A foreign student may need a specific visa and, for some kinds of internship, a work permit. The Intern may start only after the required permission is issued (Clause 2.3). Check with the Department of Employment and the Immigration Bureau well before the start date.

• An intern who is not an employee owns the copyright in what the intern creates unless it is transferred. A transfer of copyright must be in writing and signed by both parties (Copyright Act section 17), which is why Clause 8.1 contains a written assignment and both Parties sign.Copyright in a work that an employee creates in the course of employment belongs to the employee unless the parties agree otherwise in writing (Copyright Act section 9). Clause 8.1 is that written agreement.
• Students must usually submit a report to their institution. Clause 8.2 lets the Intern use non-confidential material after the Supervisor has checked it within 10 Business Days. Agree early what can be included.

• Give the Intern a privacy notice. Health data needs explicit consent (Personal Data Protection Act section 26).
• Photos or videos of the Intern in social media posts or recruitment material need a separate written consent (Clause 9.3), signed by the Guardian as well.

• Give the certificate within 10 Business Days (Clause 4.3) and send the Institution's evaluation form after showing it to the Intern.
• Collect access cards and devices on the last day (Clause 10.4).
• If the Intern does not read English well, explain the Agreement or provide a Thai translation (Clause 11.7).

Compiled from the notes that accompany the English contract templates on this site, published by Phuwara Krobtaku (ภูวรา ครอบตะคุ), Thai attorney-at-law, licence no. 477/2558. The short answer and summary at the top of this page are put together by the site from the template's clause headings and notes. Statutes are quoted only in the official Thai text: Thai is the only official language of Thai legislation, and an unofficial translation can mislead. Article registry OKC-7F3198. If you reuse this content, please credit the author and link to the original.