Nuffic agreement

If you are from a non-EEA country (EEA: all the EU countries plus Liechtenstein, Norway and Iceland) and would like to do an internship at a company, you may be asked to sign a Nuffic internship agreement.

 

Why do I need a Nuffic internship agreement?

A company offering an internship to a non-EEA student must take into account such things as the Foreign Nationals (Employment) Act (Wav) and the Foreign Nationals (Employment) (Implementation) Decree 2022 (Bwav). Briefly, this legislation requires the company to be able to produce an internship agreement that meets the requirements set out in Article 3.1 of the Bwav.

To make it easier for companies, Nuffic has drawn up a standard internship agreement that meets the Bwav requirements. The Nuffic internship agreement, entitled 'Standard internship agreement for non-EU/EEA- students as defined in Article 3.1 of the Foreign Nationals (Employment) (Implementation) Decree' can be found here.

You are not under any obligation to use the Nuffic internship agreement, however.

Alternative

If a company decides not to use the Nuffic internship agreement, it is required to offer an internship agreement that meets the requirements set out in Article 3.1, paragraph 2 of the Bwav. That article lays down the following:

a. the internship shall be carried out based on a written internship agreement between the educational institution, the employer (the organization offering the internship), and the intern, containing at least arrangements regarding the intern's duties, the learning objectives, the working hours, the duration of the internship and allowances, and providing for accident and third-party liability insurance;

b. the educational institution shall certify in the internship agreement that the internship is relevant to the intern's course of study;

c. the internship agreement shall be held by the employer at the internship location.

Importance

It is important to enter into an internship agreement that meets the Bwav requirements. If this is not the case, the company will be in contravention of the Wav, with the risk of incurring a fine.

If any such contravention is found, a report will be drawn up for the Immigration and Naturalisation Service (IND) stating that the student concerned is being employed illegally. In response to this report, the IND will investigate whether the non-EEA student's residence permit should be canceled. If it emerges that the student is still studying and making adequate progress, it may be decided not to cancel the permit.