Leaving Internship Early Penalties

Summary

If you resign before the end of the Duration of Services, Andersen can require payment of the full remuneration. If the relationship is terminated prematurely due to your fault, you may also be liable for the remuneration. Discuss your concerns with HR or seek legal advice before making a decision. The contract does not specify conditions for not wanting to work on a specific project, so discussing reassignment with HR is advisable.

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I have an educational contract with the company. I'm on an internship now but I don't like the project and want to leave.
Hello ****, it's crucial to review your educational contract. It likely contains clauses about termination.
- Check for any penalties or restrictions associated with leaving the internship early.
- Consider discussing your concerns with the company's HR department.
Always ensure you comply with the terms of your contract to avoid legal complications.
AGREEMENT FOR PROVISION OF EDUCATIONAL SERVICES (hereinafter: “Agreement”) concluded on *.*.* in Warsaw between Andersen sp. z o.o. with its registered office in Warsaw, address: Rondo Organizacji Narodów Zjednoczonych * /XXV P. *-* Warsaw, KRS: *, NIP: *, REGON: *, represented by: Nastassia Khatsko – Junior Personnel Officer (Proxy), hereinafter: “Andersen”, and **** Kudrautsava, address: Warsaw, al. KEN *, * (hereinafter: “Client”), jointly referred to as “Parties” or alone “Party”. [PREAMBLE] This Agreement is concluded in order to stipulate the terms and conditions of providing the Client with educational and training services, mainly in areas of technology and IT, by Andersen (hereinafter: “Services”). The Services shall be connected with theoretical and practical activities, opportunity to understand the inner workings of a company from IT industry and possibilities to test one’s knowledge and skills. The experience the Client will gain due to provision of Services on their behalf could increase their competences, which may lead to the fact that the Client will become a more desirable candidate for an employee within the broad IT industry, both in Poland and abroad. § * [GENERAL PRINCIPLES OF THE AGREEMENT] *. Upon conclusion of the Agreement, Andersen will be obliged to provide the Services to the Client in a date or dates agreed upon by Andersen. *. The Parties are obliged to cooperate in order to ensure that Services are provided smoothly and without difficulties. For that reason, each Party is obliged to communicate with each other and, if needed, raise concerns, complaints, or objections regarding rights and duties of the other Party. *. The Services shall be provided to the Client from *.*.* to *.*.*. The Duration of Services means the number of days of the Services provided. The Duration of Services may be reduced unilaterally by Andersen with a *-day notice period. *. The Services shall be provided for * (eight) hours per day (hereinafter: “Training Day”). *. Andersen for important reasons has the right to change the conditions set out in point * above, of which Andersen will immediately notify the Client. *. For purposes of realization of the Agreement and provision of Services, the Client indicates their contact details: Phone number: +48571070589E-mail address: julia.one.such@gmail.com § * [RIGHTS AND OBLIGATIONS OF ANDERSEN] *. As part of providing the Services, Andersen is hereby obliged to: a) ensure that Client is in possession of necessary tools, materials and software which will enable the Client to use the Services, b) provide the Client with guidance of appropriate person who has experience and knowledge in topics connected with provided Services. *. Andersen has the right to demand remuneration in amounts stipulated by the Agreement and in accordance with the Agreement’s principles. § * [RIGHTS AND OBLIGATIONS OF THE CLIENT] *. The Client is hereby obliged to: a) partake in training and educational activities constituting a part of provided Services, b) pay the remuneration in amounts indicated within the Agreement and in accordance with appropriate deadlines and other principles set forth herein, c) inform Andersen about the Client’s absence during training and educational activities whereas such absence should be properly justified (illness, incident), d) look after materials, tools, and hardware, which are provided to them by Andersen as part of providing the Services, as to ensure that those items are used properly and are not destroyed, stolen, or unlawfully disposed, e) respect intellectual property rights of Andersen and maintain confidentiality of Confidential Information, f) withhold from using the Services for any purpose which is against law, including hacking, DDoS attacks, installing or distributing harmful software (malware, ransomware, keyloggers, Trojan Horses, etc.) spying, gaining access to unauthorized materials, information, and personal data, g) withhold from placing illegal or immoral materials within Andersen’s IT infrastructure, h) abide by terms and conditions of software provided by Andersen as part of providing the Services, especially to granted licenses. *. The Client has the right to: a) request to extend the Duration of Services in a scenario, where the Client was absent, and the absence was justified,b) request explanations and ask questions regarding training and educational activities. § * [REMUNERATION] *. The Services are provided by Andersen in return for remuneration paid by the Client. The remuneration’s amount is PLN *,*.* gross (hereinafter: “Remuneration”). *. The Remuneration shall be paid by the Client within * (twenty) days after the end of the Duration of Services in form of bank transfer to the following bank account: a) name and address of recipient: Andersen sp. z o.o., Rondo Organizacji Narodów Zjednoczonych * /XXV P. *-* Warsaw b) bank account No * * * * * * * c) bank name: Bank Pekao S.A. *. The Client shall be exempted from the obligation to pay the Remuneration in the following cases: a) if, after the end of the Duration of the Services, Andersen presents the Client with an offer of employment or cooperation on another basis, and the Client accepts this offer and remains in the relationship established in this way between the Parties (B2B contract, civil agreement, employment agreement) for a period of at least * (eighteen) months, b) if, despite the Client&#*;s willingness to enter into cooperation with Andersen on the basis of an employment agreement, B2B and other contract, Andersen does not submit to the Client any offer of employment or cooperation under another agreement within * (fourteen) days after the end of the Duration of the Services. § * [RESIGNATION] *. In a scenario, where the Client resigns from the Services before the end of the Duration of Services, Andersen is entitled to require payment of Remuneration stipulated in § * point * of the Agreement. *. In a scenario where the established relationship described in § * point * letter a) is terminated prematurely by the Client (or by Andersen through the sole fault of the Client), Andersen is entitled to require payment of Remuneration stipulated in § * point * of the Agreement. Sole fault means, in particular, but not limited: - violating by the Client the Andersen Code of Conduct; - preventing by the Client to Andersen from providing Services under this Agreement; - breaching by the Client of the obligations of confidentiality; - causing damage to the property and interests of Andersen;- transfer and use of the work in understanding of Copyright and Related Rights Act created as a result of the Services provided under § * below in breach of this Agreement. *. The Remuneration shall be paid by the Client within * (fourteen) days after the end of resignation from the Services or termination of the relationship indicated in § * point * letter a), under the conditions specified in § * point * of the Agreement. *. Andersen is entitled not to require payment of Remuneration if the Duration of Services was less than * (fourteen) days or in other cases at the discretion of Andersen. § * [INTELLECTUAL PROPERTY] *. Considering that during provision of Services, the Client can create works in understanding of Copyright and Related Rights Act, the Client shall transfer all author’s economic rights to such works to Andersen upon their creation, free of charge, for unlimited duration and with an unlimited right to subsequently transfer such rights, both in Poland and abroad, and authorizes Andersen to exercise derivative rights to works created during and in connection with the Services. For the avoidance of doubt, the Parties agree that the transfer of author’s economic rights shall cover all works that the Client created in connection with the performance of the provisions of this Agreement, including elements of the applications created as a result of the services, both those that are computer programs (including source code and object code) and those that are not computer programs (including graphic elements, sound elements, story lines, layout, animations, or documentation or marketing materials). *. The transfer of author&#*;s economic rights referred to in point * of this paragraph shall include all fields of exploitation known at the moment of creation of the work, including: a) placing on the market, uploading into computer memory and other data carriers, exhibiting, displaying, lending, renting, leasing, further resale, licensing of use, b) using, displaying, transmitting, and soring regardless of format, system or standard, c) permanent or temporary recording or reproduction in whole or in part, by any means and in any form, regardless of format, system or standard, including the uploading into computer memory, and permanent or temporary recording or reproduction of such records, including the making of copies and any use and disposal of such copies, d) lending or leasing of the original or copies, e) creating new versions and adaptations (translations, adaptations, rearrangements, or any other changes), f) public dissemination, in particular making itavailable in such a way that everybody can have access to it at a time and place chosen by themselves, in particular making it available electronically on demand, g) distribution over the Internet and over local networks, including uploading to servers or cloud services so that the work is available for download to an unlimited number of people, h) use of works in direct access networks such as the Internet, both by means of data transmission allowing the work to be permanently stored on the recipient&#*;s device and by means of real-time transmission which does not necessarily involve recording on the recipient&#*;s device (streaming), i) the right to reproduce the work or to translate its form (decompilation), including the right to reproduce permanently or temporarily in whole or in part by any means and in any form, as well as to adapt it (translate, adapt it or make any other alterations) without limiting the conditions under which such acts are permitted, in particular, but not limited to, the right to use it for the purposes of interacting with computer programs or for developing, manufacturing or marketing, lending, renting or making any other use of a similar or similar form, j) the right to create derivative works and alterations and to dispose of and use such derivative works in all fields of exploitation, including creation of works inspired by the Client’s work, such as possible continuations, sequels, works referring in any way to the Client’s work, k) the right to determine the names under which the work will be used or distributed, including trade names, including the right to register in its own name the trademarks under which it will be designated or marketed, l) the right to use for marketing or promotional purposes, including advertising, sponsorship, sales promotion, and to mark or identify products and services and other expressions of activity, as well as for educational or training purposes, m) the right to distribute, including to lend or rent, a computer program or a copy thereof based on the work, to license, obtain financial benefits in connection with the distribution of the work, including the conclusion and performance of distribution agreements providing for the distribution, sale or licensing of applications or their components, n) the right to dispose of the works constituting the work and their compilations and the right to make them available for use, including licensing them to third Parties, in all the fields of udostępnianie w ten sposób, aby każdy mógł mieć do niego dostęp w miejscu i czasie przez siebie wybranym, w szczególności elektroniczne udostępnianie na żądanie, g) rozpowszechnianie w sieci Internet oraz w sieciach zamkniętych, w tym umieszczanie na serwerach lub w ramach usług chmurowych w taki sposób, aby utwór był dostępny do pobrania na rzecz nieograniczonego katalogu osób, h) wykorzystanie utworów w sieciach bezpośredniego dostępu typu Internet, zarówno poprzez przesył danych umożliwiający trwałe zapisanie utworu w ramach urządzenia odbiorcy, jak również poprzez przesył w czasie rzeczywistym, który nie musi wiązać się z zapisaniem go na urządzeniu odbiorcy (streaming), i) prawo do zwielokrotniania utworu lub tłumaczenia jego formy (dekompilacja), włączając w to prawo do trwałego lub czasowego zwielokrotniania w całości lub w części jakimikolwiek środkami i w jakiejkolwiek formie, a także opracowania (tłumaczenia, przystosowania lub jakichkolwiek innych zmian) bez ograniczania warunków dopuszczalności tych czynności, w szczególności, ale nie wyłącznie, w celu wykorzystania dla celów współdziałania z programami komputerowymi lub rozwijania, wytwarzania lub wprowadzania do obrotu, użyczania, najmu, lub innych form korzystania o podobnej lub zbliżonej formie, j) zezwolenie na tworzenie opracowań i przeróbek oraz rozporządzanie i korzystanie z takich opracowań na wszystkich polach eksploatacji, w tym również tworzenie utworów inspirowanych utworem Klienta, takich jak ewentualne kontynuacje, sequele, utwory nawiązujące w jakikolwiek sposób do utworu Klienta, k) prawo do określenia nazw, pod którymi utwór będzie wykorzystywany lub rozpowszechniany, w tym nazw handlowych, włączając w to prawo do zarejestrowania na swoją rzecz znaków towarowych, którymi oznaczony będzie lub znaków towarowych, l) prawo do wykorzystywania do celów marketingowych lub promocji, w tym reklamy, sponsoringu, promocji sprzedaży, a także do oznaczenia lub identyfikacji produktów i usług oraz innych przejawów działalności, a także dla celów edukacyjnych lub szkoleniowych, m) prawo do rozpowszechniania, w tym użyczenia lub najmu, programu komputerowego lub jego kopii, który powstał na bazie dzieła, licencjonowania, uzyskiwania korzyści finansowych w związku z rozpowszechnianiem utworu, w tym również zawierania i wykonywania umów dystrybucyjnych, świadczących usługi rozpowszechniania, sprzedaży lub licencjonowania aplikacji lub ich elementów, n) prawo do rozporządzania utworami składającymi się na dzieło i ich opracowaniami oraz prawo udostępniania ich do korzystania, w tym udzielania licencji na rzecz osób trzecich, na wszystkich * exploitation listed above. *. If new fields of use emerge after the conclusion of the Agreement or if there is a justified business need for Andersen to use the work in fields of exploitation other than those indicated above, the Client undertakes to transfer to Andersen the author’s economic rights to the works in these fields as well, without additional compensation, at the request of Andersen. *. The Client shall provide Andersen with works referred to in point * of this paragraph, including files, models, designs, prototypes, graphics, documentation to which he holds an unlimited copyright, both personal and property. *. Andersen is entitled to transfer the rights acquired under this contract to third Parties without the need for a separate consent of the Client. *. The granting of an exclusive right to exercise derivative rights to the works within the meaning of the Agreement means an unlimited right of Andersen to exercise author’s derivative rights to the works, as well as an unlimited right to authorize the performance of derivative author’s rights to the works - in all fields of exploitation listed in the Agreement. In particular, this means Andersen’s right to use derivative works within the scope and in the fields of use specified in point * of this paragraph. *. Notwithstanding the above provisions, the Client is entitled to use in the process of creating software and other elements, commonly used solutions, such as published frameworks, libraries, or other elements, which can be used within the framework of the created software. This applies in particular to elements distributed under open source licenses. In this case, the Client uses such elements whose licenses allow their use in commercial solutions developed by Andersen and does not use elements based on viral licenses. Before using such solutions, the Client shall inform Andersen of its intention to use such elements, together with the indication of the licenses under which they are based, including in particular any obligation to indicate in the generated software the elements used or the licenses under which they are covered. The use of such elements is permissible only with the consent of Andersen. *. The Client authorizes Andersen to exercise their author’s moral rights on their behalf, and in particular to: a) decide whether to mark the work with the Client’s name or pseudonym, b) to decide on the inviolability of the content and form of the work, c) to decide when a work is first made available tothe public, d) to decide on the supervision of the use of the work. *. The Client undertakes not to withdraw the authorization referred to in point * of this paragraph. *. The Client undertakes to not exercise their author’s moral rights to works in relation to the Andersen or any third party. *. Andersen shall have the unlimited right to: incorporate the entire work or any part thereof into other works and use it together with other works, to make changes to the work which can also result from combining it with other works, use fragments of the work and to dispose of them within the fields of use specified in point * of this paragraph. *. The Client declares that the works created under the Agreement shall not have any material or legal defects or will not restrict Andersen’s use of those works in a way other than expressly described in the Agreement. *. All materials, information, software, and other elements which might be subject to appropriate intellectual property laws, and which are provided by Andersen to the Client for purpose of providing the Services are and will remain the property of Andersen or appropriate third parties. The Client shall not use the received materials for other purposes than to use the Services provided by Andersen. § * [CONFIDENTIAL INFORMATION] *. The Client is obliged to maintain strict confidentiality of all information, regardless of its form of fixation or nature, communicated orally, in writing, graphically, electronically or in any other way, which was or can be revealed or shared with the Client by Andersen (hereinafter: “Confidential Information”). The information described above can be connected with: all aspects of functioning of Andersen and its partners, financial statements, business and marketing plans, court proceedings, clients, providers, licensees, licensors, personnel, already existing and future contracts, methods of collecting and analyzing data, computer programs, methods of programming, financial demonstrations and establishments, projects, new and existing product ideas, processes, propositions, specifications, plans, drawings, data bases, confidential information received by Andersen from third parties, inventions and technologies (regardless of their protection by intellectual property laws), research and development, means of protecting documents and data, source codes, means of resolving issues connected with providing services by Andersen, and other economic, financial or legal information The fact of conclusion of the Agreement shall not be deemed confidential.*. The Client hereby declares its awareness of the fact that revealing any part of the Confidential Information, subject to limitations of applicable law, can make the Client liable to Andersen. The Client is obliged to undertake security and organizational measures which will ensure safety of processing Confidential Information, pursuant to provisions of the Agreement in order to prevent any unauthorized use, transfer, reveal, loss, destruction, leak, or access to such information. The Client is obliged to not copy or preserve Confidential Information unless it is justified by need to properly perform the Agreement. The Client is obliged to immediately inform Andersen about any violations of the rules regarding keeping the Confidential Information safe or any breaches, unauthorized reveal or unauthorized use of the Confidential Information processed in connection with performing the Agreement. Th Client is obliged to ensure utmost diligence in keeping such information and documents safe from loss, reveal, theft etc. *. Provisions regarding confidentiality are binding for the duration of the Agreement and for * (five) years from the day of realization of the Agreement or its termination or expiry, regardless of the reason of Agreement’s termination or expiry. This applies also in case of the Agreement being fully realized *. In the event of a breach by the Client of the obligation of confidentiality described in this paragraph, Client shall pay the Andersen a contractual penalty of PLN *,*.* for each breach. That provision does not preclude Andersen from claiming damages in excess of the contractual penalty if the damage suffered by Andersen exceeds the amount of that penalty. § * [LIABILITY] *. Each of the Parties is liable for their acts and omissions which are against the Agreement or applicable law. *. If the Client is not a consumer, Andersen shall be liable only in case of intentional damages, and the liability shall be limited to factual damages encumbered by the Client. *. Andersen does not guarantee to the Client that after the performance of this Agreement, the Client will be employed by Andersen or that Andersen will present them with another offer of cooperation. However, if Andersen is not interested in employing or cooperating with the Client, the Client will not be obliged to pay remuneration. Andersen does not guarantee that after the performance of the Agreement, the Client will receive any job/cooperation offers from other entities in the IT industry. The Client understands that Andersen is not responsible in this respect.*. None of the Parties shall be liable for lack of or improper performance of the Agreement in cases of Force Majeure. Force Majeure shall be understood as external events which affect performance of the Agreement, could not be foreseen or counteracted by either Party with their reasonable care, and for which the Party should not be liable in eyes of civil law, such as: war, marital law, internal conflicts, riots, strikes, earthquakes, floods, fires, pandemics, epidemics, and other natural disasters. § * [FINAL PROVISIONS] *. In connection with the conclusion and the performance of the Agreement, Andersen will be processing Client’s personal data. Information about details of processing of personal data consists Annex * to the Agreement. *. This Agreement is concluded for a definite period of time, indicated in § * point * of the Agreement. The Agreement can be terminated for important reasons, with a *-day notice period. Notwithstanding of the above, Andersen may terminate this Agreement at any time, without cause and without penalty with a *-day notice period. In this case the Client shall not be obliged to pay the remuneration stipulated in § * point * of the Agreement. *. Any amendments and modifications of the Agreement shall be made in written form, otherwise null and void. *. The Agreement shall be subject to Polish Law. *. The Agreement is concluded in two languages. In case of any discrepancies, the English version of the Agreement shall be deemed binding. *. In case of any conflicts stemming from performance of the Agreement, the Parties shall attempt to resolve the conflict amicably and in good faith. This provision does not constitute an arbitration clause. Annex *: Information clause concerning processing personal data
Based on the contract you provided, if you resign before the end of the Duration of Services, Andersen is entitled to require payment of the full remuneration (§ * point *). Also, if the established relationship is terminated prematurely due to your fault, you may be liable for the remuneration (§ * point *). It's crucial to discuss your intention with Andersen's HR department or seek legal advice before making a decision.
but I don't want to work on the current project, not leave the company
From your provided contract, it doesn't seem to specify conditions for not wanting to work on a specific project. However, it's advisable to discuss your concerns with your HR department. They may be able to reassign you without breaching the contract.