Attention - Internship rights

In order to gain a foothold in professional life today, internships are required in many industries. But who does not know that: fresh from the university one shimmers from one internship to the next, has to do overtime and is paid to thank poorly or not at all. If the phenomenon "generation internship" was not taken seriously for a long time, there is now certainty: a recently published study by the DGB youth and the Hans Böckler Foundation shows that 37 percent of respondents complete an internship after completing their studies. Frightening: Half of the internships are unpaid and only around one third of the graduates subsequently had a permanent employment relationship. Another problem: trainees are often used like full-time workers, with only 32 percent of the respondents focusing on learning. But you do not have to accept this internship nightmare because Interns have rights, Which are these, we tell you here:

1. Duty or Voluntary?

Basically, internships can be divided into two different types: On the one hand, there are compulsory internships that have to be completed in the context of school education or studies and voluntary internships that can provide insight into the professional world before, during or after the apprenticeship.

Compulsory internships: If you have to complete a compulsory internship (prescribed by the study or examination regulations) during your apprenticeship or studies, this is not considered an employment relationship. You are therefore not subject to social insurance, even if the internship is paid. Disadvantage: You have no right to compensation, leave or sick pay in case of illness. If you earn more than 350 euros a month or if you are over 25 years old, then you also have to take out health insurance yourself.

It is different for a prescribed pre- or post-internship, if you are not yet enrolled or no longer enrolled: In this case, you are insurable. The employer pays up to 325 euros alone. Also in this case you have to insure yourself by law, if you get over 350 euros per month.

Voluntary internships: Voluntary internships during your studies, which are not prescribed by the study or examination regulations, are exempt from social insurance if your studies continue to be a priority (for example, internships during the semester break) and you do not earn more than 400 euros. Voluntary internships before or after graduation are only subject to social insurance contributions if they have an income of more than 400 euros, but then they also have to pay for health insurance.

2nd employment contract

Already in the interview you should clarify, among other things, what tasks you expect, how much money you get and if you have the right to vacation. In the case of a compulsory internship, usually the school or study regulations prescribe the prerequisites for the internship. You do not need a contract with the trainee. For a voluntary internship, an internship contract according to the Vocational Training Act, §§ 26, 10 is mandatory. The following points should be stated in this contract:

3rd money

In an internship, you should primarily gain first work experience and learn new skills, so there are no statutory or collectively agreed pay guidelines. Whether and how much money is appropriate is regulated very differently. The height is based on industry, age and education. If there is no internship allowance, some companies offer some kind of expense allowance in the form of food allowances or co-payments on the monthly public transport ticket. However, if you are employed as a full worker, you are also entitled to adequate remuneration. In the worst case, you can sue your wages, because then according to § 138 BGB wage usury before. Exception: With a compulsory internship you have no right to a payment.

4. Working hours and breaks

Working until you drop, working overtime into the night? Under no circumstance! According to the Working Time Act (ArbZG), you are allowed to work for a maximum of eight hours per day (this regulation applies above all to minors). Overtime may only be done in exceptional cases. On Sundays and public holidays interns also do not have to work.But exceptions are, for example, interns in the journalistic field, at the fire brigade or in the hospital. If they are also used on Sundays, they have a free day off.

Also breaks are strictly regulated by law: On an eight-hour working day you have to take a break of at least 30 minutes after six hours. If you are not yet of age, you have the right to 30 minutes after more than four and a half hours (§ 11 Abs. 1JArbSchG). Between the end of workday and the next working day at least 11 hours must be for adults and at least 12 hours for minors.

5. Holiday

According to the Federal Holiday Act (BUrlG), every employee, including interns, has a right to paid leave. If the internship lasts more than six months, you are entitled to 24 vacation days per year. If you are a short-term guest, you may vacate for at least two days a month.

6. Certificate

If your internship is over, you are entitled to a certificate like any other employee (§§ 26, 16 Vocational Training Act). If your internship is part of your studies or training, the school, university or study regulations usually specify the certificate system. Above all, the testimonial should contain information about the activities, the duration and the purpose of the internship, as well as your ability to work in a team. Important: The certificate must be issued in writing, an electronic certificate is invalid.

7. Termination

You are dissatisfied with your internship and would like to resign? In your contract, however, no notice period is regulated - what now? Basically, you have to differentiate between a compulsory internship and a voluntary internship:

Voluntary internships are treated like normal employment. Thus, you have the right to terminate with a notice period of four weeks. For compulsory internships, on the other hand, you are bound by the examination and study regulations. If you finish the internship prematurely, it could not be credited to you. Your company can only terminate you if there is an important reason for doing so (§ 15 Abs. 2 Nr. 1 BBiG)

8. Help: contact person and works council

You feel exploited, you are denied the holiday or you are dissatisfied with your activities? First, look for the conversation with colleagues or your boss. In every company, a trainee is usually assigned a permanent contact person who can be asked for help in case of problems. If there is no solution, the works council is the first point of contact in larger companies. He is committed to the interests and interests of his employees. In addition, there are in some companies nor the youth and trainee representation (JAV), which takes care of the concerns of employees up to 25 years. You will also find help at the university information offices of the German Trade Union Confederation.

additional Information

Fairwork e.V. is a non-profit association of university graduates committed to improving the working conditions of university graduates.

Studentsatwork.org of the German Trade Union Confederation (DGB): Here you will find information and online advice for students with employment law issues.

Questions and answers on the topic "Internship" by the Federal Ministry of Labor and Social Affairs

German Trade Union Confederation: www.dgb.de

Book tips: Uta Glaubitz: "Generation Internship", Heyne Taschenbuch 2006, 7,95 Euro

Nikola Richter: "The Life Practitioners"; Fischer Verlag 2006, 8 euros

Nöhmaier, N., Keller, H .: "PraktikumsKnigge guide to entry into the profession ?, Clash Verlag, 9,90 Euro

Knowing Your Ohio Workers' Compensation Rights (May 2024).