How important is an internship in the second year

What rights do I have as an intern?

Are there rules for applications and interviews? What can I keep quiet or how much can I exaggerate with my experience?

In the interview, the potential internship provider may only ask questions that do not limit the protection of the intern's personality. Questions about previous school and career paths are always allowed, e.g. about training or further education or other tests related to the job. Questions about the person themselves are also permitted, provided they are directly related to the internship. Without being asked, the intern has to truthfully explain all circumstances that are of importance for the future internship relationship, e.g. a severely disabled status, if z. B. this makes training and work at the internship provider impossible. The intern does not need to answer inadmissible questions, e.g. about intimate life, hobbies or membership in a party, a trade union or a sports club. Here the intern can even tell the untruth, i.e. specifically lie.

The intern also has information rights in the job interview. For example, it is important for him to find out whether the internship provider is even able to fully guarantee the targeted training and employment.

What are the legal differences between compulsory internships and voluntary internships? What should I know as an intern?

There are compulsory and voluntary internships. During school time or during their studies, young people complete compulsory internships that are prescribed by the school or university. There are also voluntary internships, i.e. the voluntary additional student internship, the pre-study internship before the start of studies, the voluntary additional student internship and the post-graduate internship. According to the Federal Labor Court, the major difference between the mandatory and the voluntary internship is that neither the Vocational Training Act nor the labor laws are applicable to mandatory internships. As a result, an intern in a compulsory internship has not been able to request payment or vacation, for example.

How important is it for me to sign an internship contract? What are the advantages and disadvantages of this?

Even if an internship contract does not have to be concluded in writing, it is particularly important to do so. Because the rights and obligations of interns are not regulated in a special law. Thus, the internship contract forms the most important legal basis to which the intern and the internship provider can refer if legal problems arise during the internship.

How important is it for me to sign an internship contract? What are the advantages and disadvantages of this?

If your internship lasts several months, such a contract is common, but shorter or unpaid internships often do without a written agreement. But if an internship contract does not HAVE to be concluded in writing, it is important to do so.

The rights and obligations of interns are not regulated in a special law. Thus, the internship contract forms the most important legal basis to which the intern and the internship provider can refer if legal problems arise during the internship.

A usual internship contract contains details about yourself and your employer, as well as precise details about the duration of the internship, your working hours and tasks and, if necessary, information about remuneration, vacation and the right to terminate. As with any contract, you should read the internship carefully before signing it. Usually the employer keeps a signed version and you get a second copy for your records. It is not to be desired for anyone, but it can always happen that there are disagreements with the employer. It is therefore the easiest for both sides to conclude an internship contract.

Do I have the right to payment and vacation?

In the case of a voluntary internship, the internship provider is obliged to pay remuneration during the internship to the intern from ยงยง 26, 17 of the Vocational Training Act (BBiG), which normally applies to trainees. Section 26 of the BBiG, in conjunction with the Federal Vacation Act, also gives interns a vacation entitlement of at least two working days per month. The amount of the remuneration is not regulated by law. According to the author, it should be based, depending on the industry, on the level of training remuneration for trainees in the first year of training.

Will I also receive my remuneration during vacation and in the event of illness?

During vacation and in the event of illness, only interns in voluntary internship relationships are entitled to remuneration or continued payment in the event of illness. Remuneration and vacation entitlements only apply to interns in voluntary internships; In the case of compulsory internships, these claims should unfortunately not exist, contrary to the opinion of the author, because, in the opinion of the Federal Labor Court, it should be a school or university training event.

Working hours and insurance

What is the maximum number of hours per week I can work as an intern? Are there separate rules for weekend and holiday work?

In principle, the working hours during the internship must not exceed eight hours a day. This maximum duration is regulated by the Working Hours Act (ArbZG) for employees and trainees. The same must apply to interns. The obligation to rest on Sundays and public holidays, i.e. a ban on employment on Sundays and public holidays, results from Section 9 ArbZG. The Working Hours Act regulates exceptions to this employment ban in Section 10: If an intern completes his internship, e.g. at the fire brigade, in hospitals, in a restaurant, at radio, at the daily or sports press or, for example, at trade fairs, there are legally regulated exceptions to the employment ban. Then the internship provider has to grant the intern a substitute rest day.

Am I covered by social security during an internship? What do I have to consider?

Interns are generally subject to social security contributions during an internship. Exemption from insurance can come into effect if there is only marginal financial employment and the intern does not earn more than 450 euros per month. For both mandatory and voluntary student internships, interns are also subject to social security contributions. The family insurance of the parents with which the student is insured can, however, restrict the intern's insurance obligation if the student is only in marginal financial employment.

Duration and termination of the internship

Is there a trial period for an internship?

There is also a trial period for an internship. The duration of the probationary period is basically based on the length of the internship. In the case of a three-month internship, the trial period lasts about 2 weeks. It can be agreed individually between the internship provider and the intern. However, the length of the probationary period must be reasonable.

When can I cancel an internship early? What disadvantages could I have as a result?

The intern can properly terminate the internship during the probationary period without observing a notice period. This ordinary right of termination is only available to the intern after the probationary period. In this case, however, the notice period is 4 weeks. On the other hand, the intern and the internship provider can terminate without notice after the probationary period. However, there must be a serious reason that justifies termination without notice, e.g. theft on the part of the intern or the disregard of important protective provisions on the part of the internship, which endangers the life or health of the intern in the company. The only disadvantage for the intern is that he cannot continue his internship and he has to catch up on the internship, especially for the mandatory student internship.

What is the maximum length of an internship? Can it be extended without being offered the prospect of a real job?

The duration of the internship is not regulated by law. This is why an internship, especially after the exam, can last up to a year. The author considers a longer period of time for an internship to be dubious. Even a full year of internship, often with low pay and a few vacation days, is not morally justifiable from the author's point of view, but unfortunately legally feasible so far. If the internship is to be extended, the intern must check whether there is already a normal employment relationship in which one is dependent like a typical employee, i.e. dependent on instructions, and is integrated into the organization of the company.

Other rights as an intern

Do I have a right to learn something? What can I do if I am dissatisfied?

The main obligation of the internship provider is the training and employment obligation. The internship provider must train the intern after the conclusion of an effective internship contract for a limited period of time, i.e. provide him with the professional skills, knowledge, abilities and professional experience so that the agreed aim of the internship can be achieved. If the intern finds out that the internship is pointless due to a lack of targeted training and employment, he can terminate the internship contract.

Am I entitled to an internship certificate? What does this have to include?

At the end of the internship, the internship provider is obliged to issue the intern with a written certificate. The certificate must contain at least information about the type of internship, the duration, the aim of the training and employment as well as about the acquired professional skills, knowledge, abilities and professional experience. At the intern's request, the certificate can contain further information on his performance and behavior.