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What rights do interns have?
Photo: harry + lidy / plainpicture
Internships at school, as a prerequisite for admission to the university, during studies, as a bridging measure until the first job: Those who start their job these days have often sniffed at companies many times, supported teams, got to know processes - and more rarely: made coffee and copied. But what rights do interns actually have? What can employers do with them and what not?
One thing is certain: not all internships are the same. Because whether you do a voluntary internship or compulsorily work in a company as part of your studies, it makes a big difference. So which rules apply when? And which myths are not true at all? André Niedostadek, Professor of Economic, Labor and Social Law at the Harz University of Applied Sciences, explains the most important facts.
1. »Minimum wage?
You're doing an internship, there is no such thing. "
As far as earnings in the internship are concerned, Section 22 of the Minimum Wage Act gives rise to hope on first reading - if only it weren't for all the exceptions. Internships are initially covered by the Minimum Wage Act. However, this does not apply in certain cases: First, if they are "mandatory". Second, if they are voluntary, but take place "in conjunction with vocational or university training". And thirdly, if they serve as a voluntary "orientation" for later professional life. This is the case, for example, when an internship is completed before the start of an apprenticeship or degree in order to get an overview. Conversely, there is no longer an orientation internship if you already have your degree or professional qualification in your pocket.
At least for voluntary internships, Paragraph 22 again provides for an exception: They are only exempt from the minimum wage law for a maximum of three months.
What if they last longer than three months?
"The law itself does not give an immediate answer to that," says Niedostadek.
At least not when asked whether the minimum wage applies retrospectively for the entire internship - or only from the first day after the three months.
That has not yet been decided.
By the way: You can of course earn more than the minimum wage during an internship, with a corresponding agreement.
2. "Overtime in an internship is normal, you can't defend yourself against it."
Yes, you can very well. If you are under 18, you are under the special protection of the Youth Labor Protection Act. This stipulates, for example, that young people are only allowed to work between 6 a.m. and 8 p.m. and not more than 40 hours a week. But here too there are exceptions, for example in bakeries: young people over the age of 16 are allowed to stand in the bakery from 5 a.m.
From the age of majority, the Working Hours Act then applies.
Accordingly, interns aged 18 and over - as well as young people - have a daily working time of eight hours.
Exceptions to this are allowed.
It can be okay to work up to ten hours on working days - at least if the daily average is still eight hours over a compensation period of six months or 24 weeks.
"Even weekend work is not completely ruled out as part of an internship," says expert Niedostadek.
But there is compensation for this, in terms of time or, under certain circumstances, financially.
3. »Vacation during your internship?
We have not got that."
It is not true that interns are generally not entitled to vacation.
During a voluntary internship, the usual vacation entitlement applies: 24 days a year or two days a month are required by law for a six-day week;
20 days a year with a five-day week.
If the internship lasts three months, you can take part of the vacation.
It looks different with a compulsory internship during your studies.
Here the internship is part of the course - and there are no days off at the university either.
Although some companies allow recovery, "you have to be careful that you really get the full internship period that the study regulations stipulate," warns Niedostadek.
If around three months of compulsory internship are required, these must also be completed in full.
4. "Of course, an internship is always subject to social security contributions."
Social insurance includes health, long-term care, accident, pension and unemployment insurance.
If you get money for an activity, you usually have to pay part of it to social security.
This also applies to internships.
But: "Here, too, exceptions confirm the rule," says Niedostadek.
If you complete a compulsory internship stipulated in the study regulations and are still enrolled, you do not have to pay any additional social security contributions - regardless of the duration of the internship.
»The focus here is on training and less on work.
Therefore, students are exempt from social security. "
In the case of internships that are not provided for in the study regulations, however, it depends on the earnings, says Niedostadek - and on whether it is a short-term employment.
If a person earns a maximum of 450 euros per month, the job is marginal and there are no social security contributions - provided they only work for a maximum of three months.
On the other hand, if someone gets more money and works for more than three months, social security contributions would be due.
"It can all be very tricky in individual cases," says Niedostadek.
He recommends that you seek advice, for example from your health insurance company.
5. "You can quit your job, but not during an internship."
"That is nonsense, of course," says expert Niedostadek.
You can also terminate your internship - from both sides.
As in the job, there is usually a trial period in the internship;
for a three-month internship, for example, two weeks are the usual length.
In the meantime, a shortened notice period applies.
In principle, the following applies: The trial period lasts as long as specified in the internship contract.
Niedostadek recommends that you set them in consultation with your employer before you begin.
Even after the probationary period, it is possible to end an internship early.
But then mostly in an orderly and timely manner.
A termination without notice is also not excluded during the internship.
"Something serious must have happened in each individual case," says Niedostadek.
He advises that you always think carefully about a termination, and especially when you are doing a compulsory internship.
