Summer Jobs, Mandatory Internships & More
Summer Jobs vs. Mandatory Internships
Summer workers and summer employees are typically pupils or students who wish to earn money during their school or university holidays through a standard employment relationship. Unlike mandatory internships, this type of work is not required as part of their educational curriculum.
Summer employees are personally obliged to perform their work, are integrated into the employer’s organisation, are subject to instructions, and use the employer’s equipment and resources.
As a result, they are subject to the same employment law provisions as other employees. They must be registered for social security before commencing work and are entitled to remuneration in accordance with the applicable collective bargaining agreement, including special payments, paid leave, and continued remuneration during periods of illness. If the employment relationship lasts longer than one month, contributions to the occupational severance and pension fund scheme must also be paid.
Mandatory Internships Without Remuneration
The legal situation differs for unpaid mandatory internships. Mandatory interns are pupils or students who complete a prescribed internship as part of their educational programme. In these cases, the primary purpose is training and learning.
Since mandatory interns do not work under personal or economic dependency and receive neither monetary compensation nor benefits in kind, there is generally no obligation to register them for social security. Nevertheless, they remain covered by the statutory accident insurance scheme applicable to pupils and students.
Where mandatory interns receive an allowance, whether in cash or in kind, the legal position changes. In such cases, wage tax becomes payable and registration with the social security system is required. If the internship exceeds one month, contributions to the occupational severance and pension fund scheme must also be made. Furthermore, where an entitlement to remuneration under a collective bargaining agreement exists, the arrangement will generally qualify as a regular employment relationship.
Hospitality Industry
Special rules apply in the hotel and hospitality sector. Internships in this industry may only be carried out within the framework of an employment relationship. Consequently, interns are always entitled to remuneration in accordance with the applicable collective bargaining agreement.
Similarly, internships in the agricultural and forestry sectors are generally carried out as employment relationships. In exceptional cases, a voluntary traineeship may be agreed. However, it is advisable to clarify in advance with the relevant educational institution whether the training objectives will be fulfilled and whether the internship will be recognised for educational purposes. The level of internship remuneration depends on the collective bargaining agreement applicable in the respective federal province.
Conclusion
Anyone considering a summer job or mandatory internship should carefully assess the nature of the engagement before commencing work. The classification of the arrangement affects not only remuneration and potential social security obligations but also a range of important employment law rights and protections.