Google interns get vacation days
Hiring an intern: minimum wage and internship - you need to know that
It is becoming increasingly important for companies to take care of high potentials early enough - the war for talents - the shortage of skilled workers - will, however, be felt more and more in the future. There are a few options for getting in touch with junior staff at an early stage.
Employing interns is particularly worthwhile. After all, the young people often decide to stay with the company after their internship. An advantage for companies that save part of the time-consuming recruiting process.
This article introduces you to important points to consider when considering contracting an intern. The main focus of the article is on the question of whether and under what conditions you have to pay interns or not.
Which types of internship does labor law differentiate?
If a company decides to take on an intern, the HR managers have to consider some bureaucratic and labor law aspects. This is especially true since Introduction of the minimum wage in 2015. Since then, interns have also been entitled to the minimum wage - but only if their internship meets certain requirements.
This labor law requirement is also noticeable on the internship market. Since then, many companies have been reluctant to hire interns: not only because the wages paid during the internship seem too high to them, but also because they are too high Reservations about the bureaucratic effort.
However, these concerns are mostly unfounded. Because: not all internships are the same. One distinguishes two types of internshipwhich have different legal implications for both the employer and the intern.
These two types of internship are:
- Compulsory internship
- Voluntary internship
To the essentials Differentiating criteria include the obligation and the length of the internship. The question “Internship remuneration yes or no?” Depends on which category the intern can be assigned to. Before clarifying this question, however, the following sections provide an overview of the two types of internship as well as their similarities and differences.
1. Compulsory internship
If the internship is carried out, for example, by a Study regulations prescribed is, it is one of the compulsory internships. A compulsory internship can be completed either before or during your studies. Such a compulsory internship almost always affects students - but schoolchildren can also be obliged to do a student internship in connection with their school education.
How long a mandatory internship should last is almost always dictated by the study regulations or the school. In such a case, the main employer is not the company, but still the school or university in which the intern is enrolled is. After the intern has successfully completed the internship, the internship provider usually issues a job reference. This proof is then also essential for successfully completing school or academic training.
2. Voluntary internship
The intern completes a voluntary internship, school or university is no longer the main employer, but the company. This means that the volunteer intern has others right and duties as an intern doing a compulsory internship.
In the case of a voluntary internship, the intern can, for example, request an internship certificate and the statutory minimum number of vacation days from the internship provider. However, with this type of internship, HR managers should note that it makes a difference how long the student is employed as an intern in the company. Here labor law draws one Limit of three months.
The legal implicationswhich entail a compulsory internship as well as an internship of less than or more than three months, clarify the next sections.
Internship remuneration: when do you have to pay interns?
The question of whether an intern has a Entitlement to an internship remuneration has, cannot be answered across the board. Here it is important to make a distinction between compulsory internships and voluntary internships under three months and over three months.
1. Salary for a compulsory internship
Compulsory interns generally haveno entitlement to an internship remuneration. You therefore have no right to a minimum wage during your internship. As mentioned earlier, your main employer is your school or university. Therefore, they are not entitled to vacation. Nevertheless, many companies grant their interns an expense allowance as well as a certain number of "vacation" or days off. However, this decision is voluntary, which means that the intern cannot make any legal claims.
With this type of internship is itdoes not matter how long it exists: The compulsory intern is therefore never entitled to a minimum wage - even if the internship exceeds the limit of three months. If the company pays the intern voluntarily an internship remuneration, this income is always social security free. In addition, you do not have to pay any pension insurance contributions. However, if the salary exceeds the limit of 450 euros per month, both sides have to pay health and long-term care insurance contributions.
2. Wage for a voluntary internship of less than three months
If the internship is on a voluntary basis for less than three months, the intern has no right to minimum wage in the internship. This means that a wage during the internship on the part of the company is only a voluntary gesture.
In contrast to a compulsory internship, a voluntary intern has a statutory one Vacation entitlement. This means that he must be granted a minimum of 20 vacation days per year for a five-day week. The minimum entitlement is calculated based on the number of months completed.
Concerning Social security contributions you should note that the limit of 450 euros also applies here. However, if the intern has statutory insurance, the company must pay flat-rate contributions to health and pension insurance - if the employee cannot be exempted from pension insurance.
3. Internship remuneration for an internship over three months
If an intern doing a voluntary internship is employed for more than three months, the company must treat him as a normal employee. So he has one too legal right to minimum wage. So companies first have to Social security contributions pay if you grant the intern a longer internship of three months or more. Of course, this only applies if the internship is not prescribed in any examination regulations. Here, too, the internship must have a statutory minimum requirement of 20 Vacation days Has.
This is generally true Minimum wage law(MiLoG) therefore only for internships that are not directly related to university or vocational training. The MiLoG does not apply to internships that the employee completes for his / her training.
It is also important for HR managers that the regulations presented here only apply to interns over the age of 18. Underage pupils or students must be after the company Youth Labor Protection Acttreat separately. This applies, for example, to vacation entitlement and the maximum length of work.
All information at a glance:
Internship salary: advantages of an internship remuneration
If companies are concerned with the question of whether they should pay their interns or not, the problem outlined at the beginning should be weighed up Skilled labor shortage an essential point. The shortage of suitable skilled workers is a serious problem for many industries. The following applies: Who does not act early enough and Countermeasures will find it difficult to find qualified employees in the future.
To the War for talents To take precautions in your own company, interns or interns can be a sensible option Working studentsto be included in their own ranks. Many young talents are already looking for a suitable employer during their studies.
Anyone who can already score points with interns as an attractive employer has higher chances that To keep young talent. Competing companies that pay their interns nothing or relatively little, have a harder time retaining their interns.
An alternative to an ordinary wage is one Expense allowance. In this case, the company pays a fixed internship fee towards the costs that the intern has to bear if, for example, they have to move or commute for the internship.
The advantages of offering an intern good working conditions can also be seen, for example, in terms of vacation entitlement for mandatory interns. Although compulsory interns are legally not entitled to vacation, it is also a big plus for them if they can take a day or two off can. Not least for the reason that the compulsory interns are still enrolled and sometimes have to take care of organizational matters for the university.
The proof law for interns: What do HR professionals have to consider?
If you decide to take an intern under contract and have to pay him for his work in accordance with the Minimum Wage Act, another point is relevant. This has been in effect since 08/16/2014 Evidence law also for internswho are entitled to a minimum wage.
Since interns are considered employees according to the Minimum Wage Act, they are now also in the Scope of the Evidence Act included. This should help interns to make binding minimum wage claims.
The employer must provide proof - i.e. the framework conditions for the internship - immediately after signing the employment contract. This must include the following:
- Learning and training goals that are pursued during the internship
- Start and duration of the internship
- Duration of daily working hours
- Payment and amount of remuneration
- Number of vacation days granted
- Reference to any applicable collective agreements, company or service agreements
If companies disregard the Evidence Act, it can Claims for damages come from the employee side.
Do’s and Dont’s: Other aspects of dealing with interns
The internship generation that travels from internship to internship without receiving any remuneration is a thing of the past. Lots of young people let themselves no longer on unpaid internships a. The image of today's interns has changed accordingly - an essential point that HR managers in particular should keep in mind.
In the past, interns were often considered to be cheap workers who, according to the cliché, took care of running errands and making coffee, nowadays they often have one relevant status In companies. Many junior employees are allowed to take on their own projects during their internship and thus gradually integrate into the company as full-fledged employees.
Therefore, HR professionals should also have some Aspects in dealing with interns note:
- Trust the intern own projects and don't just hire him as a cheap labor. Not only does the student benefit from their internship, the company can also benefit from the work done.
- Sit down before the internshipclear targets and regularly compare this with the reality during the internship. In this way you avoid using the intern as a pure guest.
- Take the intern into your team and hire him tutor to the side. In this way you guarantee that the student feels comfortable at work and can turn to a trusted colleague if they are unsure.
The following often applies: Schoolchildren and students want to prove themselves during their internship. Employers should also take this into account and appreciate it accordingly. If a company entrusts the intern with certain responsibilities, a win-win situation arises in which both the intern and the company benefit.
Author: editorial staff personal knowledge
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