INTERNSHIPS: BEWARE OF THE RISK OF REQUALIFICATION
Internship or disguised employment? Anticipate the risk of requalification as an employment contract.
An ambiguous legal framework
In Djibouti, internships—understood in the traditional sense—are not subject to specific legal provisions.
The ambiguity lies in the fact that the Labor Code refers to it as an "employment contract".
"Specific employment contracts aimed at integrating targeted groups into the workforce may include periods of work-study training, continuing education or internships"."(art. 77).
"Any employment contractor subsequently an amendment to such a contractmay provide for professional training through alternating programs, continuing vocational education or an internship (...) (art.76)".
🚨 There is therefore a risk that the judge will reclassify the internship agreement as a fixed-term (CDD) or open-ended (CDI) employment contract.
Why the definition of an internship agreement matters
An poorly defined internship can quickly turn into... an employment contract! Terms that are too vague, or successive renewals, can lead to the contract being requalified as an employment contract.
⚠️ Important: if the contract does not comply with fixed-term contract rules, it will automatically be considered as an open-ended contract, with all related legal consequences (particularly entitlement to severance in case of dismissal - art. 15 of the Djibouti Labor Code).
✅ How to avoid this pitfall?
. To avoid misclassification, it is critical to clearly outline the purpose and conditions of the internship from the outset. For example:
Clearly define the intern’s tasks;
Ensure those tasks do not correspond to a permanent position within the company.
Related employment contracts in Djibouti: know the differences
If you host interns or plan to offer training within your company, it is crucial to distinguish between the different types of contracts to remain compliant and avoid legal pitfalls.
Here is an overview of the main contracts related to the internship agreement in Djibouti:
🔹 The apprenticeship contract
This contract is highly regulated: it must be approved by the Ministry of Labor, and requires the issuance of an official apprentice by ANEFIP (National Agency for Employment, Training, and Professional Integration). A must for training young professionals within legal bounds!
🔹 The professional training or skills-enhancement contract
Whether structured as alternating training, continuous learning, or internships, this contract allow employees to acquire new skills. Employers are protected by law: if the employee leaves the company too soon after training (within two years), the company can request reimbursement of the training costs.
🔹 The fixed-term employment contract (CDD)
This contract is intended for specific needs: one-off assignments, seasonal jobs or time-limited projects.
Since 2018, a fixed-term employment contract may be concluded without a specific end date, but it remains limited to a maximum of 12 months, renewable once (according to articles 11 and 12 of the revised Djibouti Labor Code).
➡️ Want to secure your internship agreements? Our firm can assist you in drafting internship agreements that comply with regulations. Contact us!