This Word template is used to agree a trainee/internship relationship.

Purpose of training

This is a contractual relationship similar to an apprenticeship within the meaning of Section 26 German Vocational Training Act (BBiG). Such a contractual relationship exists if persons are hired to acquire professional skills, knowledge, abilities or professional experience and neither vocational training within the meaning of the BBiG nor an employment relationship is agreed. The internship relationship is not an employment relationship if the focus is not on work performance but on the purpose of training.

University internships

University internships that are prescribed by the respective university regulations as a mandatory part of the degree programme and are a prerequisite for admission to a final examination are not covered by § 26 BBiG. Students who complete such a compulsory internship are not subject to the protective provisions of labour law; in particular, they are therefore not entitled to leave or pay and the special protection against dismissal provisions of the BBiG do not apply.

Minimum Wage

The internship relationship is subject to the Minimum Wage Act. This means that since 1 January 2015, interns are generally entitled to remuneration in the amount of the minimum wage. There are various exceptions to this principle (Section 22 (1) sentence 2 MiLoG). The obligations of the trainer ("employer") to provide evidence, which have applied since 1 August 2022 and are also applicable to interns - with "slimmed-down" content - must be observed and complied with.

Interns are considered employees within the meaning of the Minimum Wage Act (Section 22 para. 1 sentence 2 MiLoG). They are therefore fundamentally entitled to remuneration in the amount of the minimum wage of EUR 12.00 gross (since 1 October 2022) and EUR 12.41 gross from 1 January 2024 (Section 1 MiLoG).

Exceptions to the Minimum Wage Act

There are various exceptions to this principle, in which there is no obligation to pay the minimum wage (Section 22 para. 1 sentence 2 MiLoG).

The most relevant exception is applicable for internships of up to three months if they serve as orientation for vocational training or for taking up a course of study (Section 22 para. 1 sentence 2 no. 2 MiLoG). These internships are exempt from the obligation to pay a minimum wage. This three-month limit also applies if an internship is completed alongside vocational or university training (Section 22 para. 1 sentence 2 no. 3 MiLoG).

If there is an exception, the intern must be paid appropriate remuneration (Sections 26, 17 para. 1 BBiG). As the training purpose is the main focus of an internship, the amount of remuneration is more likely to be a subsistence allowance or an expense allowance.