EXPERIENCE OR EXPLOITATION? NAVIGATING THE LEGAL REALITY OF INTERNSHIPS IN UGANDA

In today’s competitive job market, internships have become a cornerstone of career development in Uganda, particularly in fields such as law, accounting, and medicine. Numerous firms, NGOs, and Government entities provide these opportunities for students and graduates to gain essential practical experience.

However, despite their prevalence, a significant amount of confusion remains regarding the legal status of interns: are they considered employees, and what protections does Ugandan labour law actually offer them?

Are Interns “Employees”?

From the above, the question that then arises is whether an internship falls within the definition of apprenticeship contracts, which are categorized as contract of service under section 2 of the Employment Act Cap.226.

The answer is not always straightforward. Just because an individual is labelled an “intern” or “volunteer” does not mean they fall outside the protection of the law. The courts and labour tribunals prioritize the substance of the relationship over the label as seen in the case of Kasito Robert v Service & Computer Industries (U) Ltd (Civil Appeal No. 705 of 2023) [2025] UGCA 259 (6 August 2025).

This case re-echoed that interns are generally not considered employees under the law if their engagement is strictly for training purposes and that they only receive a stipend rather than a salary, and should have been admitted to the internship status.

In the above case, the Court of Appeal addressed the factors to determine if an intern is actually an employee:

1. Whether the intern performs work that is part of the organisation’s regular business. The arrangement is intended to enable the individual to gain experience, skills, and professional contacts.
2. Whether the intern receives remuneration, such as a regular stipend or salary. The type of payment is a strong indicator of status since interns typically receive a monthly stipend intended for expenses rather than a standard salary.
3. The level of employer control and direction over the intern’s daily tasks. Internships usually provide supervision for the purpose of the intern’s growth rather than simply using them as regular labour.
4. The duration of the arrangement if it functions like permanent employment, it likely is.

There is no substitute really for learning about the world of work and being in the world of work. You can do that through internships. You can do it through summer job experiences or even from volunteer jobs in your local community. Strive early to get some kind of practical work experience.

Alexis Herman

This mirrors a global challenge where internships are increasingly viewed as a form of precarious work. While they are often seen as a necessary bridge between study and professional life, they can sometimes transform into unpaid entry-level jobs that fail to deliver on their promise of genuine training. Unlike the field of medicine, which provides a distinct contrast because it often aligns with the criteria for employment and formalised training more clearly than general corporate internships.

Therefore, internships in the field of medicine are often a mandatory requirement for professional licensing; they tend to closely resemble the contract of apprenticeship, which is treated as a form of employment under the Employment Act, Cap. 226, and as such, they are paid and can be part of trade unions.

Additionally, if an internship is rebranded employment, such as a graduate working a renewable internship for over a year with a monthly stipend, the Industrial Court may find that the arrangement has morphed into a standard employment contract, as was the position in the case of Kasito Robert v Service & Computer Industries (U) Ltd, 2025.

It is prudent to note that if an intern is not formally classified as an employee, they are generally not automatically entitled to annual leave or paid public holidays, statutory sick leave with pay and the right to join a trade union, amongst others, as was discussed in the above case.

However, interns are not entirely without recourse when faced with unfair dismissal. They remain protected by the 1995 Constitution of the Republic of Uganda, which guarantees rights to fair treatment, dignity, and protection against discrimination. Furthermore, specific protections regarding sexual harassment and unsafe working conditions often extend to interns where the relationship is akin to employment.

Notably, under Ugandan regulations, if a casual employee works for more than four months, they become entitled to a formal employment contract and, as such, are entitled to all rights and benefits as provided for under Reg. 39 (2) of the Employment Regulations, 2011.

To ensure a productive and legal environment,

• The use of written agreements is encouraged, clearly defining the educational purpose, duration, and the nature of any allowance. This practice has been adopted through acceptance letters from the employers to the interns.
• Avoid exploitation, such as using interns to replace permanent staff for long periods without formalising their status.
• The interns should review their acceptance letters or agreements carefully to understand their entitlements and the expected nature of your supervision before signing.
• Both the employer and the intern should keep records. For instance, the intern should maintain documentation of their work, attendance, and payments in case a dispute arises.

Ultimately, internships are vital for building Uganda’s workforce, but they must balance the need for experience with fairness and legal integrity. By understanding the Employment Act, both practitioners and students can move towards a system that values growth over exploitation.

Disclaimer

This article provides general information only and does not constitute legal advice. Jade Advocates has made every effort to ensure the accuracy of the information presented. However, the legal landscape can be complex, and this article should not be taken as a substitute for personalised legal counsel. For specific guidance regarding Employment laws in Uganda, we strongly encourage you to contact a qualified Ugandan attorney.

For more insights, follow us @JadeAdvocates on LinkedIn, X, Instagram and Tiktok