Is an unpaid internship legal?
Yes, but only under strict conditions that differ by country. In the US, the intern must be the “primary beneficiary” under a seven-factor FLSA test. In France, every internship needs a convention de stage, and internships over 308 hours must be paid at least €4.50/hour (2026 rate). In the UK, most interns are “workers” entitled to National Minimum Wage unless a narrow exemption applies. In Canada, unpaid internships are heavily restricted — generally only school-approved placements qualify. In Germany, mandatory internships are exempt from the minimum wage; voluntary internships over 3 months must be paid €13.90/hour (rising to €14.60 on 1 January 2027).
International students have the same wage rights as domestic students. Immigration rules (CPT/OPT in the US, the 140/280-day allowance in Germany) add separate work limits, but they do not reduce your wage rights. If you are doing real work for an employer’s benefit, you are likely an employee and must be paid.
This page gives you the legal test for each country, the exact thresholds, and the steps to take if your internship looks illegal. For the broader international internship picture, see our internships for international students hub.
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Unpaid internship legality by country
Each country uses a different test. The column that matters most is the threshold — the point at which payment becomes legally required, regardless of what the employer calls the role.
| Country | Legal test | Can it be unpaid? | Payment threshold | Where to complain |
|---|---|---|---|---|
| US | FLSA “primary beneficiary” 7-factor test | Only if the intern is the primary beneficiary | No fixed threshold — case by case | DOL Wage and Hour Division |
| France | Convention de stage required for every internship | Yes if ≤ 308 hours / 2 months | Over 308 hours or 2 months → gratification at €4.50/hr (2026) | DREETS; labour tribunal |
| UK | NMW “worker” test | Only if a narrow exemption applies | Most interns are workers — NMW applies from day one | HMRC; ACAS; employment tribunal |
| Canada | Provincial employment standards | Only school-approved placements (varies by province) | Province-specific | Provincial employment standards branch |
| Germany | MiLoG §22 | Mandatory internships yes; voluntary ≤ 3 months yes | Voluntary over 3 months → €13.90/hr (2026); €14.60/hr from 1 Jan 2027 | Zoll (customs authority) |
Sources: DOL Fact Sheet #71; Service-Public.fr; ACAS; Ontario Employment Standards Act; German Minimum Wage Act §22; IHK Hannover.
Which country fits your case?
Match your situation to the closest row. Each country applies its own test, and the same internship can be legal in one and illegal in another.
| Your situation | Rule that applies | Likely outcome |
|---|---|---|
| US for-profit company, intern doing routine work that paid staff used to do | FLSA — employer is beneficiary | Must be paid minimum wage and overtime |
| France, stage of 400 hours with no convention de stage | Education Code — convention required regardless of length | Illegal placement; both parties exposed to penalties |
| UK intern with set hours, deliverables, and a supervisor | NMW “worker” test | Worker status — NMW applies |
| Canada, unpaid internship not required by any academic program | Provincial ESA | Almost certainly illegal; minimum wage owed |
| Germany, voluntary internship over 3 months | MiLoG §22 | Minimum wage applies for the entire duration, not just after 3 months |
United States — the FLSA primary beneficiary test
In the US, the Fair Labor Standards Act (FLSA) requires employees to be paid at least minimum wage and overtime. Unpaid internships in the for-profit private sector are permitted only if the intern is the “primary beneficiary” of the relationship, not the employer. The US Department of Labor applies a seven-factor test. No single factor is decisive — the test is applied case by case.
| # | Factor | What it means in practice |
|---|---|---|
| 1 | No expectation of compensation | Both sides clearly understand the internship is unpaid |
| 2 | Training similar to an educational environment | Structured teaching, not just task completion |
| 3 | Tied to formal education via coursework or academic credit | The internship is not standalone work experience |
| 4 | Accommodates the academic calendar | The schedule fits around classes and exams |
| 5 | Limited to the period of beneficial learning | Ends when the learning does, not extended indefinitely |
| 6 | Work complements, not displaces, paid employees | No routine duties that a paid employee would otherwise do |
| 7 | No entitlement to a paid job afterwards | No “prove yourself and we’ll hire you” arrangement |
If most factors point to the employer benefiting more than the intern, the intern is likely an employee under the FLSA and must be paid at least minimum wage and overtime. Public sector and non-profit organisations follow different rules, though unpaid roles there must still serve a charitable or educational purpose.
CPT and unpaid internships: unpaid does not mean unauthorized. F-1 students doing an unpaid internship still need CPT authorization, because US work authorization rules apply to work performed in exchange for experience as well as pay. See our CPT vs OPT guide for the full rules, including the 12-month full-time CPT rule that eliminates OPT eligibility.
Full walkthrough: CPT vs OPT for F-1 students · Remote internships guide
France — convention de stage and the gratification threshold
In France, an internship without a convention de stage is illegal. The convention is a tripartite agreement signed by the student, the educational institution, and the host organisation. This requirement applies to every internship, whatever its length. There is no exemption for short placements. If the employer cannot provide a convention, the placement is not legally a stage, and both the student and the employer face penalties.
| Internship duration | Convention de stage | Gratification |
|---|---|---|
| Any length | Required | Depends on duration |
| ≤ 308 hours (or ≤ 2 months / 44 days at 7 hrs) | Required | Not mandatory, but permitted |
| Over 308 hours or 2 months | Required | Mandatory at €4.50/hr (2026) |
| Maximum: 6 months or 924 hours | Required | Gratification applies |
How the threshold is counted: the 308 hours (or 44 full days at 7 hours) are counted cumulatively within the same school year at the same host, even if the days are non-consecutive. Splitting a long internship into shorter blocks does not avoid the gratification requirement. The rate is set at 15% of the hourly social security ceiling (€30 in 2026), which produces €4.50/hour. For a full-time intern on the legal 35-hour week, that works out to roughly €680–€700 per month before deductions.
2026 rate: €4.50/hour. 2025 rate: €4.35/hour. The rate updates annually — always confirm the current figure on service-public.fr before signing.
Full walkthrough: France internship visa and convention de stage
United Kingdom — minimum wage rules for interns
In the UK, the National Minimum Wage (NMW) applies to anyone classified as a “worker”. Most interns are workers if there is a contract (written or implied), they are required to attend, and they are doing work for the employer. When that is the case, they must be paid at least the NMW for their age band. The burden is on the employer to prove an exemption applies — not on the intern to prove they deserve pay.
| Exemption category | What qualifies |
|---|---|
| Student placement (higher or further education) | Placement required by the course, up to 1 year |
| Work experience arranged by a school | Under-16 students on school-organised placements |
| Voluntary workers | For charities, voluntary organisations, or associated fund-raising bodies |
| Shadowing | Observation only — the person performs no work |
If none of these applies, NMW must be paid. This is true for remote internships too: a UK-based intern doing remote work for a foreign employer still counts against the term-time hour cap and is still entitled to NMW if the worker test is met.
Full walkthrough: UK internship visa, Graduate Route, and GAE
Canada — when unpaid internships are legal
Canada has some of the strictest rules on unpaid internships. The default assumption under provincial employment standards is that if you perform work for an employer’s benefit and are under their direction, you are an employee entitled to at least minimum wage. Unpaid internships are permitted only within narrow statutory exceptions, and those exceptions vary by province.
| Scenario | Unpaid allowed? | Why |
|---|---|---|
| School-approved co-op placement | Yes (in some provinces) | Required by an accredited program and approved in writing by the institution |
| Professional trainee exemption | Yes (for regulated professions) | Applies to specific training placements in law, architecture, engineering, medicine, etc. |
| Unpaid internship not tied to a program | Almost never | Employer is presumed to benefit — minimum wage owed |
| Employer calls it an “internship” but treats you as staff | No | Misclassification — employee status applies regardless of the label |
Paid co-op vs unpaid internship in Canada: co-op programs are structured, credit-bearing work terms that are formally approved by the school. They usually require payment because they are treated as employment under provincial standards. An “unpaid internship” outside a formal co-op structure is generally treated as employment and must be paid.
Full walkthrough: Canada internship work permit, co-op, and PGWP
Germany — minimum wage and the 3-month rule
Germany’s Minimum Wage Act (Mindestlohngesetz — MiLoG) applies different rules depending on whether the internship is mandatory or voluntary, and — for voluntary internships — how long it lasts.
| Internship type | Minimum wage | Notes |
|---|---|---|
| Mandatory (Pflichtpraktikum) | Exempt | Regardless of duration — required by a study or training regulation |
| Voluntary study-accompanying, ≤ 3 months | Exempt from minimum wage | An “appropriate” allowance under the Vocational Training Act may apply |
| Voluntary, over 3 months | €13.90/hr (2026) | Applies for the entire duration, not just beyond 3 months |
If a voluntary internship starts as 3 months and is extended beyond that without switching to a paid contract, the employer owes minimum wage retroactively for the whole period. In practice this means employers rarely run voluntary internships much past 3 months without converting them into a paid arrangement.
2027 rate: the minimum wage rises to €14.60/hour on 1 January 2027. The 2025 rate was €12.82/hour. The €13.90 figure is confirmed by the Federal Ministry of Labour and Social Affairs via IHK Hannover (6 November 2025).
Full walkthrough: Germany internship visa and work rules
What a written internship agreement should contain
Every legitimate internship — paid or unpaid — should be backed by a written agreement. In France, this is legally required (the convention de stage). In other countries, it is your strongest protection if the arrangement later turns out to be illegal unpaid labour.
| Element | Why it matters |
|---|---|
| Internship dates and total duration | Determines whether the gratification or minimum wage threshold is crossed |
| Weekly hours and schedule | Needed for hour-threshold rules (UK 20-hr cap, France 308 hrs, Germany 3 months) |
| Compensation or explicit unpaid status | Ambiguity here is a red flag; clarity protects both sides |
| Learning objectives and deliverables | Shows whether the intern is the primary beneficiary in the US test |
| Supervisor name and role | Distinguishes a real training placement from unauthorised labour |
| Academic credit arrangements (if any) | Required for Canada co-op exemptions and the US FLSA test |
Red flags — how to spot an illegal unpaid internship
Unpaid internships can be legitimate, but employers frequently misuse them. These are the signals that an “unpaid internship” is really illegal unpaid labour.
What to do if your internship looks illegal
If you think you are doing unpaid work that should legally be paid, or you are being paid less than the threshold in your country, follow this sequence.
| Step | What to do |
|---|---|
| 1. Document | Save emails, messages, the internship agreement, timesheets, and any work produced. Note dates, hours, and tasks. |
| 2. Check the law | Use the tests above to evaluate whether the employer is likely violating wage laws. |
| 3. Talk to your university | Career services and the international student office can advise on legitimacy and may intervene. |
| 4. Contact a labour body | US DOL Wage and Hour Division (complaints); UK ACAS (free advice); Canadian provincial employment standards branches; France DREETS; German Zoll (customs authority enforces minimum wage). |
| 5. Stay professional | If you are still working there, seek external advice before making a formal complaint or confronting the employer alone. |
Frequently asked questions
Can an unpaid internship be legal?
What is the US primary beneficiary test?
Do unpaid internships in France require a convention de stage?
Can CPT be unpaid in the US?
Are unpaid internships legal in Canada?
Paid co-op vs unpaid internship in Canada — what’s the difference?
When must a German voluntary internship be paid?
How long can an unpaid internship last in France?
Sources
- US Department of Labor — Fact Sheet #71: Internship Programs Under the FLSA
- ACAS — Unpaid internships (UK)
- Ontario Ministry of Labour — Internships under the ESA
- Service-Public.fr — Stage en entreprise
- German Minimum Wage Act — Section 22 (Interns)
- IHK Hannover — Minimum wage 2026 and 2027
- USCIS — Students and Employment (CPT/OPT)
Christian Chinonso is the founder of LearnViaHub, with 6+ years of research experience in international education — including GPA systems, scholarships, student financing, and study-abroad guidance — for students worldwide.