In Section 22 MiLoG, the legislator has excluded certain groups of people from the scope of application of the MiLoG.
Interns and trainees
- who are under 18 years of age and do not have a vocational qualification
Underage interns who have not completed vocational training are excluded from the minimum wage, as they are not yet legally considered employees.
- who are doing a compulsory internship on the basis of a university regulation
Examples of this are internship semesters, practical phases or practical projects specified by the examination regulations. They are not subject to the minimum wage for the minimum duration stipulated in the examination regulations. Compulsory internships also include pre-study internships, which are admission requirements for studies in accordance with the examination regulations and must generally be completed before commencing studies.
In the event that the internship company requires corresponding proof of the compulsory internship, please contact the relevant examination office.
- complete a voluntary internship of up to three months to provide orientation in choosing a career or course of study
An orientation internship usually takes place before choosing a degree programme. Registration is not required for this. Orientation internships after completing a degree course or apprenticeship should no longer be accepted, as the professional orientation phase will usually have been completed.(Source: Federal Ministry of Labor and Social Affairs (BMAS) brochure "Das Mindestlohngesetz im Detail", 5.1. 4.3.)
- complete a voluntary internship of up to three months during their studies if they have not previously failed such an internship with the same apprenticeship provider
A study-related internship requires the intern to be registered at a university. It is irrelevant whether the Bachelor's/Master's degree has already been achieved or examinations are still outstanding. Exmatriculation after passing the Bachelor's/Master's examination takes place at the end of the semester in which the examination was passed.
There is no limit to the number of voluntary internships you can complete during your studies. However, they may not last longer than three months each, must take place with different employers and the purpose of the training should be clearly in the foreground.
A second internship without minimum wage with the same employer is only possible if it is a different type of internship. A compulsory or orientation internship can be followed by a three-month internship with the same employer during the course of study without being subject to a minimum wage obligation (source: Federal Ministry of Labor and Social Affairs (BMAS), brochure "Das Mindestlohngesetz im Detail", 184.108.40.206).
If a voluntary internship (orientation internship or study-related internship) lasts longer than three months, it is fully subject to the minimum wage obligation and must be remunerated with the minimum wage from the first day. This also applies if an internship initially limited to three months is extended (source: Federal Ministry of Labor and Social Affairs (BMAS), brochure "Das Mindestlohngesetz im Detail", 220.127.116.11).