internship

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This article or paragraph presents the situation in Germany and Austria . Help us to describe the situation in other countries.

The term internship ( plural : “internship”) denotes a specific period of consolidation of acquired or yet to be acquired knowledge in practical application or collaboration for the acquisition of new knowledge and skills in a company. An intern in Germany is someone who, after the actual design and implementation of the contractual relationship, undergoes a specific operational activity in preparation for a professional activity for a limited period in order to acquire practical knowledge and experience, without this being a professional training within the meaning of Vocational Training Act or a comparable practical training. (Section 22 (1) sentence 3 MiLoG ). The internship is often required for admission to study or work, for an examination or for other purposes. In principle, an intern is not an employee in Germany . However, it can be the case that an employment relationship called an internship, contrary to the description in reality, is an employment contract. According to Austrian law, interns are employees.

Origin of the term and history

In the 16th century, an intern was originally a person who engages in unclean practices . Since the 17th century , the meaning that is used today has been naturalized - that it is someone who is doing an internship. In the same sense, the term applicant ( Latin (se) applicare = 'to apply', 'to turn to (something)') was established in the 19th century for a civil servant candidate who was just beginning his training (see aspirant ).

By the end of the 20th century, internships had established themselves as the globally common form of gathering practical experience before, during and after school and university education. Due to the increased use of interns in companies in the period around 2000, some companies used the "internship" instrument as a cheap replacement for regular employees for reasons of cost . As a result, the term generation internship became popular, which stands for the completion of several internships in a row without these (often also very little or not remunerated) work leading to a paid position.

Internships as part of training or for career orientation

In human resources management , an internship is an activity that is intended to provide practical experience in a future profession as part of vocational training (including studies ). In the vocational orientation at school, which is part of the curriculum within the subject of work studies (in some federal states under a different subject name) , company internships, if possible in combination with company visits , should help the students in two to four-week activities to experience their career aspirations in practice, to check and, if necessary, to correct the career aspirations. It is therefore important to offer an internship in the job of your choice. In addition, control internships help to get to know alternatives. During this time, the students also get to know the realities of professional and operational activities and the conditions of the training.

An internship can take place within a company internship . In universities , this can also be the case as part of a course. Scientific university internships often consist of a series of experiments that are held in a university laboratory and must be successfully completed in order to pass the internship. Practical days, which can be combined in blocks to form a separate internship, have also recently been offered. Single-day internships, on the other hand, are hardly efficient in terms of career orientation. In Germany, internships are also part of a promotion of professional development (FbW) offered by the Federal Employment Agency within the framework of SGB III.

Many companies emphasize that they place the same demands on applicants for an internship as they do on graduates. The reason is that internships are often seen as a preliminary step for later employment. This claim is underlined by internship loyalty programs, through which the best performers are to be bound to the company even after the internship has ended.

Internships are an opportunity for schoolchildren to find out about topics / content, requirements and structures of certain professions . Until now they were dependent on information from parents, teachers and the media, but now they experience reality in certain professional fields. This sharpens their judgment, and they usually get insights that they would otherwise never have received for their professional decision in this form. In this respect, the experience of professional reality (through internships) is suggested as an indispensable guide for young people who can reduce problems finding their way into working life - for example by dropping out of training.

Remuneration for internships (legal situation in Germany)

If an internship remuneration has been agreed, this is decisive, unless the amount of the agreed remuneration or the lack of a remuneration agreement violates the law. The legal situation is confusing.

Entitlement to the usual remuneration of an employee if there is (also) an employment relationship

The first question is whether instead of the agreed "internship" there is an employment relationship . This either in the form that the entire “internship” is to be viewed as an employment relationship ( sham internship) or that although a regular internship is present, the intern “is used for work that goes beyond the agreed internship because it is not related to training but serves predominant operational interest ". The objective legal classification of the contractual relationship is decisive. In order to protect employees, it is not the chosen contract name, but the objective legal situation, i.e. the practiced content, that is decisive. An “orchestra intern” can be an employee. If there is only one employment relationship, there will be regular usury within the meaning of Section 138 BGB with the legal consequence that according to Section 134 BGB the remuneration agreement is ineffective and instead remuneration according to Section 612 (2) BGB has to be paid, i.e. H. the usual remuneration (for an employee). If the intern works not only as an intern, but also as an employee, without a remuneration agreement having been made, he is entitled to the usual remuneration (for work) according to Section 612 (1) BGB. The differentiation is often difficult. In order to be an internship, the focus must be on acquiring professional knowledge and training and not just about having to perform dependent work within the work organization determined by the contractual partner. After completing a degree or another degree, it is not sufficient for an internship to be able to gain professional experience or for internships that are customary in the industry to serve as a starting point.

Minimum wage regulation for (real) internships according to § 22 Paragraph 1 Clause 2 Minimum Wage Act (MiLoG)

Since January 1, 2015, the minimum wage regulation of § 22 Paragraph 1 Clause 2 MiLoG has applied to (real) internships. According to Section 22 (1) Sentence 2 MiLoG, the minimum wage must also be paid in the case of an internship . In terms of law, interns who are not employees under German law are treated the same as employees. But only if one of the exceptions does not apply. The trainee's contracting partner is required to present and provide evidence for the existence of an exception.

The exceptions "are compulsory internships (No. 1), orientation (No. 2) and training or study-related internships (No. 3) each up to three months as well as internships for entry-level qualification (No. 4)":

  1. "an internship is compulsory due to a school law provision, a training regulation, a university law provision or as part of an apprenticeship at a legally regulated professional academy",
  2. "an internship of up to three months as an orientation for vocational training or for the start of studies",
  3. "Perform an internship of up to three months in conjunction with vocational or university training, if such an internship has not previously existed with the same trainer",
  4. Participation "in an entry-level qualification in accordance with Section 54a of the Third Book of the Social Security Code or in vocational training preparation in accordance with Sections 68 to 70 of the Vocational Training Act".

Appropriate training remuneration according to § 26 BBiG i. V. m. Section 17 BBiG

Section 26 of the Vocational Training Act (BBiG) refers, among other things, to Section 17 for "other contractual relationships" that are not employment relationships or vocational training relationships and serve the acquisition of professional skills, knowledge, abilities and professional experience. Section 17 obliges to pay an "appropriate remuneration". An agreed training remuneration is generally no longer considered appropriate if it is less than 80% of the tariff remuneration. "Section 26 BBiG only covers legal relationships that, in contrast to retraining or advanced training, are aimed at imparting professional knowledge, skills or experience for the first time, as is the case with apprentices, volunteers or interns".

  • Section 26 BBiG does not apply to internships integrated into a degree. These are now the student internships within the meaning of Section 22 Paragraph 1 Clause 2 No. 1 MiLoG.
  • Section 26 BBiG does not apply to company internships for students, with the exception of the one-year internship to acquire the technical college entrance qualification.

Voluntary allowance for training-related internships

Student interns and interns who do the internship as part of their studies are not entitled to any statutory remuneration. If the internship provider pays remuneration, this reflects the recognition of the intern's interest in the company or institution. "The amount of the remuneration is more like an expense allowance or a living allowance" and not a payment for work done, since the intern has no obligation to perform in the sense of a service contract .

Compulsory social security

In Germany, interns are generally exempt from social insurance , regardless of the amount of their remuneration , if

  • they complete an internship in accordance with the study or examination regulations and
  • they are enrolled at a regular university during the internship.

An internship is subject to social security contributions if it does not cover the university's study and examination regulations ( Section 6 (1) SGB V). These and all other internships are subject to social insurance if a monthly wage of 450 euros is exceeded ( marginal earnings limit ).

Internships during school days

General remarks

A basic distinction is made between the following types of internship in school:

  • the pre-study internship as a prerequisite for entering vocational training
  • the internship for professional orientation
  • the internship to deepen subject-specific knowledge
  • the internship as part of the training as part of a professional qualification.

A distinction is also made between the "guided" and the "unsupported" internship. Educationally, the guided internships are considered to be the more valuable. The increase in experience and knowledge is usually greater or better structured. Guided internships usually follow a training or supervision plan.

On the other hand, unsupervised internships encourage independent work. The lack of guidance is usually not intended, but mostly the result of negligence, a lack of staff or a weak system.

Good communication between the practice facility and the school is beneficial for the intern's learning growth. If the practice facility has little experience in guiding, the contact between the school and the internship is all the more valuable. The school should give the interns support after the internship and the opportunity to reflect on their experiences ; this also includes communication between the interns. It is sometimes just as important for the orientation of the student / intern as the educational efforts of the practice coordinator or the practice instructor. An internship without a concept (from the school or the practice institution) or without guidance is questionable and often an imposition for the intern. It can also happen that the intern is a cheap worker in an institution.

Internships in the general education system

In science subjects, internships are times in which experiments are carried out by oneself. In Baden-Württemberg , this is done in a separate school subject in some grades .

Many general education schools offer the opportunity in the upper classes to learn more about professions and the world of work through an internship in a company (for example, as part of a career and study orientation at grammar schools , in short: BoGy).

In secondary schools and secondary schools , the internship usually takes place in the 9th grade, sometimes also in the 8th grade; in grammar schools in the 9th, 10th or 11th grade. Quote: “The groups involved - students, teachers and parents, company supervisors and school ministries - almost uniformly assess the internship as positive”, but it may be “... that the company choice obscures the career choice”. Therefore, more than just an internship should be carried out.

Internships at Waldorf schools are particularly important . Grades 9 to 12 complete at least one agricultural internship, one field measurement internship (applied mathematics) and one social internship, each lasting two to four weeks. Many Waldorf schools offer further opportunities for company internships, sometimes combined with elements of vocational training through to recognized professional qualifications that are acquired in parallel to the Waldorf school qualification and state school qualifications .

Internships in educator training (Germany)

Long internships are common and particularly important in full-time school-based training and at technical colleges in the vocational school sector ( e.g. training as an educator). They form an essential part of the training. A distinction is made between daily, weekly and annual internships.

A typical form of internship in educator training was the day internship: pupils were in educational institutions one day per week in order to be able to use practical knowledge for the class discussion. In North Rhine-Westphalia, it was left to the school to integrate these internships into the training (while maintaining the total internship time in the training). The introductory internships lasting several days for beginners were also popular. Some of the projects prepared in class can also be linked to practical time (e.g. preparation and follow-up work for internships). The lessons are based, among other things, on the experiences of the pupils and students in the internships - a desired consequence.

The year of recognition (professional internship, annual internship) forms (in some systems of educator training) the end of the training. At the end of the internship, the central part of the final examination (recognition as an educator) takes place in the institution in which the internship was completed. So the probation already takes place in the professional field. In the educator training, teachers of the school accompany or supervise the internships. During the internship, reflections on behavior and educational and communication situations take place, as well as the completion of school tasks (planning pedagogical work and reflection), if possible with the support of the practical instructor in the internship. For reasons of comparability and a fair evaluation of the internship, a concept of practical support (of the school that is training) is necessary.

The individual regulations for internships in and around the teacher training are very different in the German federal states; a consistent adjustment or standardization is not in sight (see also above for internships during school time .). Internships (number, length, frequency) are also subject to constant change within the federal states and are not always uniform there.

Internships during your studies

Internships related to studies are initially divided into voluntary and compulsory internships. A distinction is also made between pre-, intermediate and post-internships. In addition, in scientific and technical courses, work in the laboratory during the semester is referred to as an internship.

Paid internships are assessed as training; normal social security obligations apply. Corresponding earnings limits only apply to family insurance. In the case of non-mandatory interim internships, the internship is treated like an employment to finance studies.

Students in compulsory internships can be visited by teachers during their internship. The assessment is often undifferentiated and based on a written internship report. There are often courses accompanying the internship in which, among other things, the processes in the workplace are reflected on. Since the time budget of students is severely limited as a result of the Bologna reform , there is now also a so-called flexicum , in which only a quota of hours is set, which can be flexibly arranged in consultation with the company, depending on the student's availability.

Many engineering and natural sciences courses also call practical courses within the framework of compulsory courses to deepen and apply the material previously learned in lectures as “internship”. They take place at the university itself, mostly in specially equipped rooms or laboratories. They can vary in scope - depending on the course, from a few hours per week to half of the weekly semester hours estimated for a semester . It is also common to do a block internship during the lecture-free period.

Internships abroad

Internships that are completed abroad , in addition to professional experience, offer the opportunity to acquire intercultural skills , to get to know a foreign country realistically and also to complete a language course. Since an internship abroad requires additional organization, for example the provision of a host family, accommodation, support in the internship company or insurance-related questions, there are now numerous organizations and internship programs that offer supervised internships abroad. As a rule, there are costs for support by organizations.

There are both paid and unpaid internships abroad. For some internships, the provider only pays board and lodging, the intern bears additional costs (e.g. travel expenses). In some cases the internship company charges an internship fee.

According to a study by the University of Münster , 66.5 percent of students prefer European countries for an internship abroad, the most important target countries being Great Britain and France . According to the study, the second most important target region for internships abroad is North America with 21.4 percent of students.

Internships while looking for a job

Unemployed people often complete internships, for example to get to know operational processes, to gain job-related experience or in the hope of being employed by the internship company.

In 2005 "fairwork e. V. “, an interest group for university graduates with a view to the German internship landscape. Above all, the association wanted to draw attention to bad internship situations and sham internships that should serve as a substitute for full-fledged employment. However, the association largely ceased its active activities in 2012.

Internships in Austria

Forms of internships

Internships come in various forms with different legal consequences in labor and social security law:

  • Compulsory internships
  • Volunteers
  • Vacation employment ("vacation jobs")
  • Internships after completing a (specialist) university education.

In principle, an internship can be viewed as an employment relationship, a freelance contract or a training relationship.

working conditions

Employment relationships are work performed for remuneration and are justified by a written or oral employment contract. An essential feature of an employment contract is personal dependency, which has the following criteria:

  • Classification in the company organization
  • specified working hours
  • assigned place of work
  • The work sequence is fixed
  • Binding to the instructions of the employer (s)

Free employment relationships

Freelance workers perform work, but are not in a personal relationship of dependence. This relationship relates only to activities to be performed and not to how activities are carried out in order to provide the services. Independent employment relationships are not subject to the protection of labor law. However, rules apply in the event of termination, early departure or dismissal. In addition, employers do not have to continue paying if they are unable to work or for other important reasons.

Apprenticeships

In training practices, the focus is on training purposes and not compulsory work performance. Criteria:

  • There must be enough time available.
  • The work done by interns must be in the interests of training.
  • The intern has more freedom in terms of timing.
  • The work he carries out is not essential to the company's survival. Training relationships are not subject to labor law.

General :

Compulsory internships are stipulated in school or university training regulations or curricula. Compulsory internships can also be carried out throughout the year.

Contract law situation:

The content and duration of the internship must correspond to the curriculum. The intern may only be obliged to do such work. In the case of apprenticeships, the focus is on learning and training purposes.

Compulsory internships

The compulsory internships include entitlement to the collective agreement remuneration. From the second month onwards, the employer has to make a contribution to the company pension fund. Compulsory internships are expected from students from higher education institutions and from professions in hotels and restaurants. The remuneration is based on the respective collective agreements.

Trial apprenticeship: Trial apprenticeships are offered by the school in terms of practical work days / week (s). Its purpose is to give students an insight into the professional world. It's not about an employment relationship.

Situation under social security law

Mandatory practices that work without an entitlement to remuneration under labor law must be reported to the SVG (schoolchildren and student accident insurance). Interns who are paid must, like all other employees, be registered with the responsible health insurance company for social security. Should the remuneration exceed the marginal earnings limit, these are fully insured according to ASV; if they are below the marginal earnings threshold, they are only insured against accidents.

Compulsory internships (traineeship)

A traineeship is about expanding and applying acquired knowledge in practice, not about work performance. Volunteers are insured against accidents with AUVA (General Accident Insurance Company)

Holiday contracts

Summer interns are pupils and students who want to earn something on the side. This has nothing to do with supplementing school lessons or the like. If the wage of the holiday intern is below the minimum wage, this is only insured against accidents; if the wage is above the minimum wage, he is fully insured.

Internships after higher education ("generation internship")

Generation internship means that people who have completed their training enter the professional world through the internship. You are an employee; the collective bargaining agreements apply. These people are fully insured and have to be registered with the responsible social insurance company.

Foreign interns

There is no difference to Austrian interns for interns who are citizens of an EU member state that joined before May 1, 2004. Interns from other countries are to be treated like nationals if an EU confirmation of freedom of movement can be presented. Interns from non-EU countries are treated equally if they have an exemption certificate, an unrestricted settlement permit, proof of settlement, a residence permit “permanent residence - EC” or a residence permit “family member”. Different regulations apply to interns who do not meet these requirements.

See also

literature

  • Lothar Beinke: The internship . 2nd Edition. Julius Klinkhardt Publishing House, Bad Heilbrunn 1978, ISBN 3-7815-0328-3
  • Lothar Beinke u. a .: Significance of the company internship for the professional decision . Verlag KHBock, Bad Honnef 1996, ISBN 3-87066-400-2
  • Walter Ellermann: The socio-educational internship . 2. revised Edition. Cornelsen Verlag, Berlin
  • Uta Glaubitz : Generation internship. With the right entry-level jobs to your dream job . Heyne Verlag, Munich 2006, ISBN 978-3-453-67013-6
  • Elke Helbig: Internship abroad for educators . In: Norbert Kühne (ed.): Praxisbuch Sozialpädagogik , Volume 7. Bildungsverlag EINS, Troisdorf 2009, ISBN 978-3-427-75415-2
  • Norbert Kühne : Internship support . In: Katrin Zimmermann-Kogel, Norbert Kühne: practical book social pedagogy - working materials and methods , volume 1. Bildungsverlag EINS, Troisdorf 2005, ISBN 3-427-75409-X
  • Christian Püttjer, Uwe Schnierda: Applying for an internship . Campus Verlag, Frankfurt / M. 2006, ISBN 3-593-37815-9
  • Steffen Kraft: Generation internship - more courage, more anger . In: Süddeutsche Zeitung , May 2, 2006
  • Nadine Nöhmeier, Heidi Keller, Stefan Rippler and clash jugendkommunikation (ed.): PraktikumsKnigge - Guide to starting your career . clash youth communication , 2005, ISBN 3-9809905-0-8
  • Lothar Beinke: Do practical days help with career choice? Verlag Peter Lang, Frankfurt 2008, ISBN 978-3-631-57907-7
  • Ernst von Münchhausen (ed.): Internship guide . Berlin 2010, ISBN 978-3-941211-06-3 (over 400 internships at international organizations with tips on how to apply)

Web links

Wiktionary: Internship  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ Federal Labor Court, judgment of March 13, 2003, paragraph 21, file number 6 AZR 564/01.
  2. ^ Federal Labor Court, judgment of August 5, 1965, 2 AZR439 / 64.
  3. ↑ See for example the trainee agreement between the government of the Republic of Austria and the government of the Republic of Hungary.
  4. ↑ Vocational Training Report 2011 ( Memento of the original from April 23, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 1.8 MB), of the Federal Ministry of Education and Research. Retrieved June 18, 2013 @1@ 2Template: Webachiv / IABot / www.bmbf.de
  5. ^ Schlachter, in: Erfurt Commentary on Labor Law, 16th edition 2016, BBiG, § 26 Rn. 4 mwN
  6. ^ Judgment of the Berlin Labor Court from January 8, 2003, AZ: 36 Ca 19390/02; permanent case law of the BAG
  7. ↑ BAG of March 13, 2003 - 6 AZR 564/01 - juris Rn. 37
  8. ^ Schlachter, in: Erfurt Commentary on Labor Law, 16th edition 2016, BBiG, § 26 Rn. 1-5
  9. ↑ Franzen, in: Erfurt Commentary on Labor Law, 16th edition 2016, MiLoG, § 22 Rn. 8th
  10. ↑ BAG of October 22, 2008 - 10 AZR 703/07 - juris Rn. 14 = NZA 2009, 163
  11. ↑ BAG of November 19, 2015 - 6 AZR 844/14 - juris Rn. 15 = NZA 2016, 228
  12. ↑ See also the judgment of the Hessian State Labor Court of January 25, 2001, 3 Sa 1818/99 on Section 19 of the Vocational Training Act 1969, which is identical to Section 26 of the current BBiG from 2005
  13. ↑ Schaub / Vogelsang, Arbeitsrechts-Handbuch, 16th edition 2015, § 15 Rn. 10
  14. ^ Schlachter, in: Erfurt Commentary on Labor Law, 16th edition 2016, BBiG, § 26 Rn. 5
  15. ^ Schade: Internship: Current legal situation 2012, NZA 2012, 654
  16. ↑ BAG of March 13, 2003 - 6 AZR 564/01 - juris Rn. 35 = EzB-VjA BBiG § 19 No. 33a.
  17. ↑ Internship rights. ( Memento of the original from October 25, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. In: planetpraktika.de. Retrieved November 10, 2009. @1@ 2Template: Webachiv / IABot / www.planetpraktika.de
  18. ↑ see previous teacher training
  19. ↑ Internships at general education schools, in the sec 1, secondary school, comprehensive school, grammar school
  20. ↑ Internships or as part of a professional qualification and integrated into the school component
  21. ↑ z. B. Final internship in educator training, year of recognition as the end point of training
  22. ↑ z. B. as a result of structural problems in the internship institution; Lack of competence etc.
  23. ↑ Ulrike Winkelmann: The internship ( Memento from April 27, 2005 in the Internet Archive )
  24. ↑ Norbert Kühne : The systematization of pedagogical conceptions in lessons and internships . In: Didacta Nova - pedagogy lessons - a necessary contribution to school development . Schneider Verlag, Hohengehren 1999, ISBN 3-89676-142-0 , p. 108 ff.
  25. ↑ a b Tax and insurance law aspects of an internship . ( Memento of the original from October 12, 2007 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. planetpraktika.de; Retrieved November 10, 2009. @1@ 2Template: Webachiv / IABot / www.planetpraktika.de
  26. ↑ Flexikum: Flexible working during your studies , randstad correspondent, January 2012
  27. ^ Elke Helbig: Internship abroad for educators . In: Norbert Kühne (Ed.): Praxisbuch Sozialpädagogik, Volume 7, Bildungsverlag EINS , Troisdorf 2009, ISBN 978-3-427-75415-2
  28. ↑ Study by the University of Münster, quoted in the internship guide from hessennetworks.de, p. 4 (PDF; 772 kB). Retrieved January 29, 2013
  29. ↑ faz.net June 25, 2005: Companies save, interns hope