Internships, work shadowing & trial work

An internship is a temporary activity that allows you to gain practical experience in a specific professional field.

Internships can be completed during training or studies as well as for orientation before choosing a career.

What legal framework conditions apply to internships?

The legal provisions for internships vary depending on the type of internship:

• Compulsory internship: part of school or academic training; special regulations apply with regard to remuneration and working hours. The Minimum Wage Act does not apply to compulsory internships.

• Voluntary internship: Not mandatory as part of an apprenticeship; the general provisions of labor law apply here, including the Minimum Wage Act. Employers must generally pay the minimum wage if internships last longer than three months (also applies to interruptions). Internships unrelated to a course of study or training are also subject to the minimum wage. The duration is irrelevant here. The same applies if the intern has already completed their studies or training.

For foreign students who are studying in Germany, the same legal provisions apply to voluntary internships as for part-time student jobs. The internship counts as regular work, even if it is unpaid. Anyone wishing to work more than 140 full or 280 half days per year requires permission from the Foreigners' Registration Office and the Federal Employment Agency.

A visa can be issued for an internship. It is valid for the duration of the internship, but for a maximum of 12 months. Prerequisites for this include a specific internship position and proof that you are able to support yourself. An internship is basically gainful employment, which is why the approval of the Federal Employment Agency may also be necessary.

For foreign students studying abroad and academics who have recently graduated, there is a visa for completing a study-related internship EU. This can be obtained by

• an internship agreement and

• a certificate of enrolment from a foreign university or the university degree was completed no more than two years ago at the time of application.

The internship must also correspond to the subject of the degree course. In addition, the internship institution must undertake in writing to cover living and travel expenses for the duration of the internship and for up to six months after the end of the internship. The residence permit is issued for a maximum of 6 months.

Work shadowing is a short-term, usually unpaid observation of everyday working life in a company. It serves the purpose of professional exchange and further training without the intern being actively involved in the work processes.

As interns do not usually work actively, but merely observe, there is no employment relationship in the traditional sense. Nevertheless, aspects such as accident insurance and data protection must be taken into account.

Visas can also be issued for work shadowing. A work shadowing contract is required for this.

Work shadowing is particularly relevant for foreign doctors to gain knowledge and experience in a field of activity without a fixed period of time and content and without legal and actual integration into the company.

Trial work allows employers and potential employees to get to know each other before signing an employment contract. The candidate performs typical tasks of the intended position for a short period of time . Trial work is a short-term employment relationship. It is important to make clear agreements regarding duration, working hours and remuneration. Social security aspects should also be taken into account.

Foreign skilled workers with an opportunity card can take up trial employment for up to two weeks per employer.

This regulation also applies to people with a visa to looking for a training place.