Beware of those who are always hungry, for they will feed you to the wolves
just to get paid. Being a student is not as unchallenging as everyone thinks.
Being paid lends a helping hand to the students to be financially independent
and also brings lots of motivation to work efficiently.
In India it is very substantial to get a good paying Internships for a student.
The Indian constitution recognizes the concept of Equal pay for Equal work.
Right to work is given under Article 39(d) and Article 41 which comes under
Directive principles of state policy. While making any law the Central or the
state government needs to keep Directive principals of state policy in their
mind[1]. The existing laws aims to defeat the gender biasness which exists in
terms of payment of wages, but what about the internships? This is still an
untouched area.
AICTE released an internship policy in the year 2018 which legislated that doing
internships is mandatory. It is next to impossible for many students who belongs
to middle-class family, to do an unpaid internship. The drawback of this is that
students end up being unskilled and unexperienced too[2].Now let's have a brief
look on the reap financial rewards of internships in a student's career.
Why there is a need of Internships
- Work Experience:
Many of us are been told that, you learn the actual things after completion
of your degree. The time spent in college is just a gist of the actual work
which are been done by the professionals. Thus, internship plays a very
vital role in the career of a student. A student becomes well aware about
the work culture and the market requirement by the way on an internship. A
student becomes independent and it is really easy for him/her to grab things
and get acquainted with the job he/she has to perform on the first day of
his/her job itself. More a student gets opportunity to do internship, more
he/she gains experience. It is even better if they get paid internships.
Paid internships motivate a student to perform his work even more
efficiently.
- A proper platform to test your knowledge:
Internships provides best opportunity to a student to test or showcase
his/her knowledge. Having bookish knowledge is not going to help a student
to work efficiently. It is very important to do practical. That is why it is
said Practice makes a man perfect.
- Networking:
Once you are on an internship you get to know at least 10-20 new people.
Internships are the best platform for a student to make his or her network
game strong. Strong network works like a magic if you are in search of a job
or new internship opportunities. LinkedIn is a great platform for making
your online networking game strong.[3]
- CV or resume:
A good internship in a student's CV or resume has a very positive impact on
the interviewer. The student is believed to be skilled and well aware about
the market situation if he has a good internship in his CV or resume.
- PPO (Pre-Placement Offer):
While on an internship a student has a chance to get a pre placement offer
if the employer likes the candidate. A pre-placement offer is given to an
intern when the company wants the intern to join them permanently as a
full-time employee after graduation.
The Principal of Quantum Meruit
What is the meaning of term
Quantum Meruit? This term can be well
understood through Indian contract Act,1872. The essence is what a person has
earned or how much a person has earned. In simple words it is the actual value
of the service which is been given.
This law is applicable and makes it compulsory to pay for labour and material
used even if there is no contract. The law doesn't include internship in it. By
under standing Quantum Meruit we all are well aware that we have also have laws
which has essence of natural justice in it.
It not only focuses on law rather it focuses on welfare and meeting end of
justice.
Internships should be included within the meaning of this law. On an internship,
a student does all the work which a permanent employee does, the is it fair
enough not to pay him? No, it isn't. An intern should be paid for the service
what he provides. Unpaid internships are against the principal of Quantum Meruit.[4]
Unconstitutionality of unpaid internship
Article 14 of the Indian constitution states that the State shall not deny to
any person equality before the law or the equal protection of the laws within
the territory of India Prohibition of discrimination on grounds of religion,
race, caste, sex or place of birth.[5]There are laws made for payment of wages
for the employee. For example, there is Minimum Wages Act,1948 under which the
proper government fixes minimum wages for all the employments. According to
Article 21 of the Indian constitution, every employee has right to get fair and
just emoluments and hence if a reasonable salary Is not paid it would result to
a clear violation of Article 21 of the Indian Constitution.
Recently Delhi high court had fetched up municipal corporation for non-payment
of salaries of their staffs. The court said, right to receive payment is a
fundamental right enshrined under the Constitution of India. The court further
added, it is absolutely necessary that payment of salaries and pensions is made
to the employees and retired employees of the corporations, which also include
doctors, paramedical staff and health workers, who are rendering their services
in the time of pandemic and serving the citizens of Delhi[6].
Internships should be included in meaning of these articles, as we have
provision for equality before the law. As Erasmus said The main hope of a nation
lies in the proper education of its youth, it is very important for government
to focus on the youth as they are the nation builders. Government should come up
with policies which bans unpaid internship as it demotivates the student and is
an unfair practice on hole.
One of the fundamental rights is the right to a just remuneration that ensures
an existence worth of human dignity. The preamble to the constitution of the
international labour organization identifies the provision of an adequate living
wage as one of the conditions for universal and lasting peace based on social
justice said ILO senior economist Patrick Belser[7].
While on other hand the UN clearly states on its official website that interns
under the United Nations Headquarters Secretariat are not paid and the interns
are needed to bear all the cost of travel, accommodation, including living
expense etc[8].Once people start relating things, what do they see? They see the
reality, the hypocrisy that's going on. In one hand UN talks about the human
rights, welfare, justice while on other hand it is not even providing a paid
internship to a student. Is it fair enough? No, it isn't.
Conclusion
While having a look on juxtaposition of paid and unpaid internship it is crystal
clear, that unpaid internships not only demotivate the student but also puts a
question on self-worth. The efforts that a student puts in his or her internship
should be perceived as gem rather than seeing it as their compulsion. Not paying
up someone for their service is a clear exploitation of an individual.
I hope we realise the importance of the paid internship soon and this unfair
practice comes to an end. Government should put a strict ban on the practice of
unpaid internship. As not every student can afford to live in other state and
complete their internship without being paid because most of the students in our
country come from a middle-class background, which makes them financially
uncapable of interning without being paid. Internship plays a very important
role in career of a student, so government should pay a kind and good attention
in this field.
End-Notes:
- https://paycheck.in/career-tips/workandpay/equal-pay-for-equal-work
- https://science.thewire.in/education/india-internship-policy-student-workforce-employability-exploitation-social-damage/
- https://www.goodwall.io/blog/benefits-of-internships/
- https://blog.ipleaders.in/quantum-meruit/
- Art.14, Constitution of India
- https://www.nationalheraldindia.com/national/right-to-salary-a-fundamental-right-delhi-hc
- https://www.ilo.org/global/about-the-ilo/mission-and-objectives/features/WCMS_231993/lang--en/index.htm
- https://www.un.org/Depts/OHRM/salaries_allowances/salary.htm
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