"INTERNS are worth paying for," says a final-year student from Universiti Malaya, Rashifa Aljunied, who calls for a clear and and comprehensive policy on regulating internships to be drafted.
This will ensure an end to possible labour exploitation by some companies that underpay or do not pay interns during compulsory industrial attachment.
Universities usually insert an internship period into either the second year or third year of study as internship allows the student to work in an organisation, to gain practical experience, or what is popularly termed, on-the-job training.
However, there is an important part of what we need from the organisations as a general internship programme without clear guidelines may result in what Rashifa has alleged, i.e. companies taking the intern as free labour.
According to the former youth and sports minister, Syed Saddiq Syed Abdul Rahman, "regulation pertaining to paid internship programme is needed" to address the current situation faced by students, where some of them are not paid.
This then brings my mind to the principle of "unjust enrichment". Are not these companies being unjustly enriched by the labour of the interns, as well as the academic knowledge that these interns bring to the company or organisation?
Under the Contracts Act 1950, Section 71 states that "Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered."
An intern is not performing the internship gratuitously. It is part of his or her requirement in fulfilment of the degree. And section 71 relates to a situation where there is no contract between the parties.
In an internship, there may be a letter asking if the corporation would take an intern as part of the fulfilment of his or her degree. The question may be that the intern would do the internship willingly.
But, the organisation or corporation has the benefit of either having an extra pair of hands on deck, or by the knowledge that the intern conveys during the period of the his or her internship.
There is certainly a benefit for the organisation. Therefore, the organisation is bound to make compensation to the intern. As the former minister said, the interns were not expecting a minimum wage. Just something to meet their out of pocket expenses.
The reason for paying them some money to help them meet the expenses are that many students in public universities are from the B40 group and they really find it difficult to make ends meet.
This is where internship positions can be used by the organisations as a CSR initiative. Paying an intern a small allowance is not wasted.
As an organisation, whether large or small, having an intern will help existing staff to gain new perspectives, to learn new developments, to train new employees with the knowledge and academic excellence of the interns, reduce employee workload, teach employees who have interns under them, the mentoring skills and leadership qualities and also would boost the organisation's image amongst its competitors as being one step up towards contributing to society.
An internship cannot be just another set of hands to do the work. A formal internship programme should be structured after discussions with the organisations and the relevant faculty/faculties from the universities.
There will be an orientation programme explaining the needs of the organisation and how the intern should fit into the work plan. Good internship programmes will build excellent students who would then be ready for the marketplace.
The organisation would be instrumental in building strong candidates, which they themselves can employ when the students graduate, but even if not, then the organisation would have done its part in preparing well-nurtured and well-trained graduates in the particular industry that will make them marketable.
Hiring interns is a two-way exercise, where both the organisation and the interns benefit. Internships allow companies to invest in their own future success and discover new talent and future leaders.
Interns, in strengthening their learning and practical skills, can take over the lower-level tasks, freeing up the time for the other colleagues to handle other work that may be lagging behind. Employers do benefit.
The writer is former Associate Professor & Research Fellow, Faculty of Law, Universiti Malaya and Arbitrator & Mediator, Advocate & Solicitor, High Court of Malaya (non-practising)
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