French Unpaid Internship Agreement — Small Business (≤308h)
French unpaid internship agreement for placements up to 308 hours in small and medium businesses, compliant with Education Code art. L124-1, signed by student, school, and company.
Does a placement under 308 hours need to be paid?
No. Under Article L124-6 of the Code de l'éducation, a minimum stipend (gratification) is only compulsory when the student's total presence in the company exceeds 308 hours within a single academic year — equivalent to 44 working days at 7 hours each. Below this limit, the company may voluntarily pay a stipend but is under no legal obligation to do so. The written convention de stage remains mandatory regardless of whether any stipend is paid.
Source: service-public.fr — Minimum intern stipend (gratification de stage) · updated 2026
About this form
In France, any student placed with a company must have a convention de stage (internship agreement) — a tripartite contract signed by the student, their educational institution, and the host company. This requirement has been mandatory since Loi n° 2014-788 of 10 July 2014. For small and micro-businesses (TPE/PME), the decisive threshold is 308 hours of actual presence per academic year (44 days at 7 hours per day): below this limit, no stipend (gratification — the French term for an intern allowance) is legally required under Article L124-6 of the Code de l'éducation. Once the 308-hour mark is crossed, a minimum stipend applies retroactively from the very first hour. For 2026, that minimum is €3.88/hour, derived from the PMSS (plafond mensuel de la Sécurité sociale — the monthly Social Security ceiling) of €3,925 ÷ 151.67 hours × 15%. Even for an unpaid placement, the written convention is non-negotiable: hosting a student without one risks reclassification as an employment contract.
Worked example
Léa, a BTS (vocational higher diploma) student, completes a placement at Atelier Roux, a joinery business employing 4 staff, working 4 days per week (28 hours) for 10 weeks — 280 hours in total. This falls below the 308-hour threshold, so no stipend is required. A tripartite convention de stage is nonetheless signed before day one, and a company supervisor (tuteur) is appointed. Had Atelier Roux extended the placement by 2 weeks (56 extra hours, bringing the total to 336 hours), the minimum stipend would apply retroactively from the very first hour: 336 h × €3.88 ≈ €1,304 over the full period (PMSS 2026 = €3,925; rate = 15%; hourly ceiling = €3,925 ÷ 151.67 = €25.88/h; minimum = €3.88/h).
How to fill out the form
- Obtain the standard convention de stage template from the student's educational institution (lycée, university, or grande école) — it is the institution's responsibility to provide the official tripartite document, not the company's.
- Complete all mandatory fields: full identity of the three parties, title and objectives of the placement, start and end dates, weekly hours, tasks assigned to the intern, and the name of the designated company supervisor (tuteur en entreprise).
- Verify that the planned total hours remain below 308 for the academic year. If an extension is possible, calculate in advance: exceeding 308 hours triggers the minimum stipend (€3.88/hour in 2026, based on PMSS 2026 = €3,925) retroactively from the very first hour.
- Arrange for all three parties — the student, an authorised representative of the educational institution, and an authorised representative of the company — to sign the convention before the placement begins. No signatures after day one.
- Enter the intern in the designated section of the registre unique du personnel (the statutory staff register) and retain a signed copy of the convention for the full duration of the placement.
Good to know
- Threshold trap: if total presence exceeds 308 h, the minimum stipend (€3.88/h in 2026) is owed retroactively from hour 1 — not only on the hours above the limit. Track the hour count closely, especially for part-time or extended placements.
- Penalty: hosting a student without a signed written agreement exposes the company to potential reclassification as an employment contract (back pay + social contributions) and an administrative fine of up to €2,000 per intern (€4,000 on a repeat offence).
- Intern quotas (Art. L124-8 Code de l'éducation): the simultaneous limit is 15% of headcount, rounded up — not a flat 3 for all small firms. For 4 staff: ⌈4 × 0.15⌉ = 1 intern at a time; 2 from 7 staff; 3 from 14. Always calculate on your real headcount.
Frequently asked questions
Does a placement under 308 hours need to be paid?
No. Under Article L124-6 of the Code de l'éducation, a minimum stipend (gratification) is only compulsory when the student's total presence in the company exceeds 308 hours within a single academic year — equivalent to 44 working days at 7 hours each. Below this limit, the company may voluntarily pay a stipend but is under no legal obligation to do so. The written convention de stage remains mandatory regardless of whether any stipend is paid.
How is the 308-hour threshold calculated?
The count covers all hours of actual presence in the company during a single academic year, including fragmented placements (for example, alternating weeks across several months). The threshold equates to two months of presence, based on 7 hours per day and 22 working days per month (7 × 22 × 2 = 308 hours). If a student completes multiple separate placements at the same company within one academic year, all hours are cumulative for the purposes of this threshold.
What is the minimum stipend in 2026?
The minimum stipend is set at 15% of the hourly Social Security ceiling, as defined in Article L124-6 of the Code de l'éducation. Based on the PMSS 2026 of €3,925/month (revised +1.6% by ministerial order), the hourly ceiling is €3,925 ÷ 151.67 = €25.88/hour, giving a minimum gratification of €3.88/hour in 2026. Crucially, once the 308-hour threshold is crossed, the full stipend is owed from the very first hour — not only on hours above the threshold.
Is the convention de stage mandatory even when no stipend is due?
Yes. Since Loi n° 2014-788 of 10 July 2014, no period of workplace training may take place without a written tripartite convention de stage signed by all three parties: the student, the educational institution, and the host company. This applies equally to unpaid and paid placements. Operating without a signed agreement before the start date exposes the company to significant legal and financial risks, including potential reclassification of the placement as an employment contract.
Is the intern stipend subject to social security contributions?
Not entirely. The portion of the stipend up to the legal minimum — 15% of the hourly Social Security ceiling (€3.88/hour in 2026) — is exempt from social contributions. Any amount paid above this threshold is subject to standard social contributions and charges in the normal way.
Where can I find a template internship agreement for a small business?
There is no specific CERFA form for internship agreements: the convention de stage is a free-form tripartite document governed by the Code de l'éducation. In practice, the student's educational institution (lycée, university, or higher-education establishment) provides the standard template. The company then completes the mandatory fields: identities of all three parties, placement dates and total duration, tasks assigned, name of the designated company supervisor (tuteur en entreprise), weekly hours, and — if applicable — the stipend amount.
Official sources
Updated on 2026-06-27
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