Hiring interns or doing an internship yourself sounds simple at first. But when it comes to pay, things get complicated, and the minimum wage for internships in Germany is a frequent source of confusion: Does an internship have to be paid? Does the minimum wage also apply to interns in Germany? And what role does the length of the internship play?
Uncertainty is high among both employers and interns. While companies look for legally sound arrangements, students and career starters want to know what they are entitled to. The German Minimum Wage Act provides basic clarity, but numerous exceptions and special cases regularly lead to misunderstandings.
This article shows you when the minimum wage for internships in Germany applies, which types of internship are affected and which exceptions exist. You get practical calculation examples and clear checklists, and you learn how to act on a legally sound basis as an employer or claim your rights as an intern.
When does the minimum wage for internships in Germany apply?
The Minimum Wage Act (Mindestlohngesetz, MiLoG) has been in force in Germany since 2015 and sets the minimum pay for employees. The basic rule: anyone who works is entitled to the statutory minimum wage. It currently stands at €13.90 per hour (as of 2026).
Overview of the Minimum Wage Act
The law aims to ensure appropriate minimum pay and to prevent exploitative employment relationships. It applies to almost all employees in Germany, regardless of industry, company size or working hours.
Interns, however, are in a legal grey area. They are not classic employees within the meaning of the law but are in a training or learning relationship. The legislator has therefore created special rules that distinguish between different types of internship.
Does the minimum wage apply automatically?
No. Whether the minimum wage must be paid depends mainly on three factors:
- Type of internship: Is it a mandatory internship, a voluntary internship or an orientation internship?
- Length of the internship: How long does the internship last in total?
- Age and qualifications: Is the intern under 18 without completed vocational training?
So the answer to the question "Do interns have to receive the minimum wage?" is: it depends. The following sections explain when the minimum wage applies and when it does not.
The main types of internship and whether they must be paid
Mandatory internship
A mandatory internship (Pflichtpraktikum) is required by school, training or university regulations. It serves to acquire practical knowledge and is an integral part of the course of education.
Minimum wage for mandatory internships: the clear rule
The most important rule first: mandatory internships are generally exempt from the minimum wage. It makes no difference how long the internship lasts or whether it is completed before, during or after a degree.
The legislator argues that the learning aspect is the main focus of mandatory internships. Interns are fulfilling a training requirement and are not primarily working in the company as labour.
Common misconceptions
Many students and employers believe that long mandatory internships (around six months, for example) become subject to the minimum wage. That is wrong. The only decisive factor is whether the internship is required by the study or examination regulations. The length plays no role.
⚠️ Important ⚠️
Even if there is no entitlement to the minimum wage, employers can pay interns voluntarily. Many companies do this to offer attractive internships and attract talent.
Voluntary internship
Voluntary internships (freiwilliges Praktikum) are not required by study or school regulations. Students or graduates complete them on their own initiative to gain work experience or to find their direction.
When does the minimum wage apply to a voluntary internship?
This is where it gets more complex. The following rules apply to voluntary internships:
Internship of up to three months:
- No entitlement to the minimum wage if it serves as orientation for vocational training or a degree
- No entitlement to the minimum wage if it is completed alongside a degree for orientation purposes
Internship longer than three months:
- Full entitlement to the minimum wage from the first day if none of the exceptions above applies
- The minimum wage also applies retroactively to the first three months
Special rules for students
A common misunderstanding: many people believe that voluntary internships during a degree never have to be paid. That is only partly true.
A voluntary internship alongside a degree is only exempt from the minimum wage if it lasts a maximum of three months AND serves orientation purposes. As soon as the internship is mainly about gaining work experience or lasts longer than three months, the minimum wage requirement applies.
Practical example: A business administration student completes a four-month marketing internship at a start-up. The internship is not required by her study regulations. She is entitled to the statutory minimum wage from the first day, because the internship exceeds the three-month limit.
Orientation internship
An orientation internship (Orientierungspraktikum) helps people find their career direction before or during vocational training or a degree. It helps school pupils, students or career starters get to know different fields of work.
Minimum wage for orientation internships: the three-month rule
Orientation internships of up to three months are exempt from the minimum wage. The legislator assumes that this period is enough to gain an overview of a professional field.
❗ Important ❗
The exception only applies if the internship genuinely serves orientation purposes. If the intern is used as a regular worker, the exception cannot apply.
Practical examples
Example 1: orientation internship before university
A school leaver wants to find out whether a computer science degree is right for him. He completes a two-month internship at a software company. This internship is exempt from the minimum wage because it serves orientation purposes and lasts less than three months.
Example 2: extended internship
The same school leaver extends his internship by two more months to a total of four months. Because the three-month limit is exceeded, the minimum wage requirement applies retroactively from the first day of the internship.
Exceptions to the minimum wage: what companies need to know
The Minimum Wage Act defines clear exceptions that employers should know. These rules are intended to protect young people from exploitation on the one hand, and to make learning opportunities possible on the other.
Short internships: understanding the three-month limit
The most important exception is the three-month limit. It applies to:
- Orientation internships in preparation for vocational training or a degree
- Internships alongside vocational training or a degree for orientation purposes
The actual duration is decisive. It is calculated by calendar, not by working days. A three-month internship that starts on 1 March ends at midnight on 31 May. If it continues beyond 31 May, the minimum wage applies retroactively from the first day.
Internships under three months: when does the exception really apply?
The three-month rule is often applied incorrectly. Note the following points:
The exception only applies if:
- The internship genuinely serves orientation purposes
- No previous internships have been completed with the same employer
- The intern is not in fact deployed like a regular employee
The exception does not apply if:
- The internship is extended and exceeds three months in total
- The intern has already completed an internship with the same employer (no matter how long ago)
- The internship mainly serves the purpose of recruiting labour
Vocational preparation measures
Internships as part of vocational preparation programmes (for example those funded by the Federal Employment Agency, Agentur für Arbeit) are also exempt from the minimum wage. These programmes prepare participants for vocational training or entry into working life and have a strong support character.
Young interns under 18
Interns under 18 without completed vocational training are generally exempt from the minimum wage. This rule applies regardless of the type or length of the internship.
The legislator justifies this on the grounds that young people without vocational training should primarily learn and find their direction. As soon as vocational training is completed or the person turns 18, the regular minimum wage rules apply.
Calculating the minimum wage correctly: practical examples
Calculating intern pay correctly is essential for employers. Mistakes can lead to back-payment claims and fines.
Internship pay and the minimum wage: the basics
The calculation uses the following formula:
Monthly minimum pay = hourly wage × weekly working hours × 4.33
The factor 4.33 is the average number of weeks per month (52 weeks ÷ 12 months).
Sample calculations for different working models
Example 1: 20-hour week (part-time internship)
- Hourly wage: €13.90
- Weekly hours: 20
- Monthly pay: €13.90 × 20 h × 4.33 = €1,203.74
Example 2: 30-hour week
- Hourly wage: €13.90
- Weekly hours: 30
- Monthly pay: €13.90 × 30 h × 4.33 = €1,805.61
Example 3: 40-hour week (full-time internship)
- Hourly wage: €13.90
- Weekly hours: 40
- Monthly pay: €13.90 × 40 h × 4.33 = €2,407.48
Do internships have to be paid? Overview table
The following table shows which types of internship are subject to the minimum wage:
Time tracking in practice
For internships subject to the minimum wage, correct working time recording is not only required by law but also the basis for calculating pay. This is where professional software such as ZEP comes in.
With ZEP, companies can book interns' working hours digitally, calculate overtime automatically and document compliance with the minimum wage transparently. This protects against back-payment claims and creates legal certainty for both sides.
Rights and obligations: what interns can claim
Interns are not without rights. Anyone entitled to the minimum wage can also enforce it.
Entitlement to the minimum wage: when can I claim it?
Do interns get the minimum wage? We have already answered that question. But how do you enforce the entitlement?
If an internship is subject to the minimum wage, the entitlement exists from the first working day. The employer cannot exempt itself from the minimum wage through contract clauses. Wording such as "The internship is unpaid" is invalid if there is a statutory entitlement to the minimum wage.
Entitlement to a contract and documentation
Interns are entitled to a written internship contract that contains the following points:
- Type and purpose of the internship
- Start date and duration
- Working hours
- Pay (if subject to the minimum wage)
- Vacation entitlement
- Tasks and learning content
Correct working time recording is mandatory. Employers must document daily working hours. This documentation serves as proof for calculating pay and protects both parties in the event of a dispute.
Back-payment claims for missing or insufficient pay
If the minimum wage was not paid or not paid in full, interns can claim it retroactively. The limitation period is three years. Interns should proceed as follows:
- Collect documentation: working hours, contracts, emails
- Contact the employer in writing: with a clear calculation of the amount claimed
- Set a deadline: usually 14 days
- Consider legal action: if the employer refuses, seek advice from a trade union or a lawyer
The legal situation is clear: the minimum wage also applies to interns, which means that, if in doubt, employers have to pay retroactively.
What employers need to consider
Companies that employ interns bear considerable responsibility. Mistakes can be expensive.
Documentation requirement: more than a formality
Since 2015, many employers have been required to record the start, end and duration of interns' daily working hours. Under § 17 MiLoG, this recording requirement applies to marginal employment (Minijobs) and the sectors listed in § 2a of the Act to Combat Undeclared Work (Schwarzarbeitsbekämpfungsgesetz). Independently of this, the Federal Labour Court (BAG) decision of 13 September 2022 (1 ABR 22/21) established a general obligation to record working time.
The records must be made no later than the end of the seventh calendar day after the work was performed and kept for at least two years. During inspections by the customs authorities or the Financial Monitoring Unit for Undeclared Work (Finanzkontrolle Schwarzarbeit, FKS), employers must be able to present these records.
Software such as ZEP simplifies digital working time recording. Interns book their working hours digitally, supervisors approve them, and the bookings provide the basis for checking compliance with the minimum wage. This saves time and reduces sources of error.
Drafting contracts: legally sound internship agreements
A legally sound internship contract should contain the following elements:
For internships exempt from the minimum wage:
- Clear designation as a mandatory, orientation or voluntary internship
- Reference to the training or study regulations (for mandatory internships)
- Confirmation that the internship serves orientation purposes (for orientation internships)
- Reference to the three-month limit
For internships subject to the minimum wage:
- Hourly wage (at least the statutory minimum wage)
- Weekly working hours
- Basis for calculating monthly pay
- Rules on overtime
- Payment dates
Minimizing risk: compliance and HR processes
Companies should establish clear internal processes:
- Categorizing internships: every internship must be clearly classified as a mandatory, voluntary or orientation internship
- Automatic check: for voluntary internships of more than three months, the minimum wage requirement applies automatically
- Contract review: standard contracts for each type of internship
- Time tracking: complete documentation of all working hours
- Regular training: HR staff must know the current rules
ZEP helps companies meet compliance requirements. Booked working hours, absences and overtime are fully documented and provide the basis for keeping duration limits and legal requirements in view.
Common mistakes and how to avoid them
Mistake 1: extending an internship without adjusting pay
An orientation internship originally planned for three months is extended by one month. From the fourth month, the minimum wage requirement applies, and not only for the fourth month but retroactively from day one.
Mistake 2: wrong categorization
A "voluntary internship for orientation" is scheduled for six months. In this case, there is clearly no longer an orientation purpose but regular work. The internship is subject to the minimum wage from the first day.
Mistake 3: missing time records
Without correct working time recording, interns can later claim hours that are difficult to disprove. The burden of proof lies with the employer.
Mistake 4: consecutive internships
An intern first completes a three-month orientation internship and then, after a short break, another three-month internship with the same employer. The second internship is fully subject to the minimum wage, because the exception only applies once per employer.
ZEP: managing interns in a legally sound, automated way
The different minimum wage rules for interns pose particular challenges for HR departments. This is where ZEP comes in and takes the administrative work off your hands.
With ZEP, your interns book their working hours in compliance with the law via desktop, browser or the mobile app. Booked hours, absences and overtime are available to you at any time, so you can trace the duration and scope of every internship and keep the three-month limit in view.
All working time records are stored digitally and can be exported at any time for customs inspections. For internships subject to the minimum wage, the hours actually booked provide the basis for pay. The payroll accounting export transfers the data to payroll without manual re-entry.
This way you not only minimize the risk of documentation errors and breaches of the Minimum Wage Act, but also create transparent processes for your interns. They can view their booked hours at any time and can be sure they are paid correctly.
Conclusion: legal certainty through clear rules
The minimum wage for internships may seem complex at first glance, but the basic rules are clear: mandatory internships are exempt from the minimum wage, and so are orientation internships of up to three months. Voluntary internships of more than three months or without an orientation purpose must be paid at least the minimum wage from the first day.
For employers, this means: careful categorization, legally sound contracts and complete time records are essential. If you take these points into account, you avoid expensive back-payment claims and create fair conditions for interns.
For interns: find out about your rights. A paid internship at the minimum wage is not a luxury but a statutory entitlement if the requirements are met. Do not hesitate to assert this entitlement.
Transparent processes protect both sides. Modern software such as ZEP helps companies comply with minimum wage rules, document working hours correctly and meet legal requirements. This turns a potential source of risk into a well-organized, fair internship culture that offers young talent real learning opportunities and gives companies legal certainty.
FAQs
Does the minimum wage always apply to internships in Germany, or are there exceptions?
No, there are clear exceptions. Mandatory internships are generally exempt from the minimum wage, regardless of their length. Orientation internships and voluntary internships alongside a degree of up to three months are also exempt. Voluntary internships of more than three months must be paid the minimum wage from the first day. Interns under 18 without completed vocational training are not entitled to the minimum wage either.
Do interns on a mandatory internship receive the minimum wage?
No. Mandatory internships that are required by school, training or university regulations are exempt from the minimum wage under German law. Their length plays no role. Employers can pay interns voluntarily but do not have to. The legislator argues that the learning aspect is the main focus of mandatory internships.
Does a voluntary internship have to be paid, and from when?
That depends on its length. Voluntary internships of up to three months for career orientation are exempt from the minimum wage. If the internship exceeds the three-month limit, the minimum wage applies retroactively from the first day. In the case of extensions, the employer must therefore also pay for the first three months. Voluntary internships after graduation are subject to the minimum wage immediately, regardless of their length.
How is the minimum wage for an internship calculated?
The formula is: hourly wage (€13.90) × weekly working hours × 4.33. For a 40-hour week, this gives €13.90 × 40 h × 4.33 = €2,407.48 gross per month. For 20 hours per week, it is €1,203.74. The factor 4.33 is the average number of weeks per month (52 weeks ÷ 12 months).
What happens if a company does not pay interns the minimum wage?
Companies must pay the minimum wage retroactively and risk fines of up to €500,000. They can also be excluded from public contracts for up to two years. Interns can claim the minimum wage retroactively for up to three years. Missing or incorrect working time records can also be punished with fines of up to €30,000 per violation.
How exactly do mandatory and voluntary internships differ when it comes to the minimum wage?
The difference lies in the legal basis. Mandatory internships are required by study or school regulations and are always exempt from the minimum wage. Voluntary internships are completed on the intern's own initiative. Here the three-month rule applies: no minimum wage for up to three months of orientation, full minimum wage from day one beyond that. If an internship is extended beyond three months, even one that was originally exempt becomes subject to pay retroactively.



