Internship: A Bridge to Employment or a Trap to a Disguised Employment Relationship?
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Date
2021
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Abstract
Internship can be and should be a vital part of the switch from edification to
the workplace. This article however questions the extent to which internships
are used to serve as a transition between education and employment. Though
considered valuable to the host institution, many interns face high levels of
job uncertainty. One key contributing factor is the existence of disguised
forms of employment in the Kenyan labour market. This occurs when the true
legal status of a person who is an employee is disguised in a way that hides
his or her true legal status or gives it an appearance of a different legal
nature. Arguably, interns have fallen victims. The current internship
arrangement in Kenya poses several thorny employment law questions
particularly the legal status of the intern. Arguably, the existing internship
arrangement permits dishonest host institutions to take advantage of the
arguably weak monitoring and enforcement system of the employment laws
resulting in intern exploitation. The analysis done in this article reveals that
interns are possibly employees and should thus be afforded full protection
embedded under Article 41 of the Constitution as well as the Employment
Act, 2007 including job security, fair remuneration and reasonable working
conditions The article emphasises that the National Employment Authority
and other relevant authorities should seek to perform their mandate
effectively by monitoring all placements of interns to ensure that they are not
exploited or their rights violated by host institutions in which they are
undertaking their internship.
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(2021) Journal of cmsd Vol 7(1) page 1-22