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Labour Law in Germany: Is overtime work allowed for interns

Are interns allowed to work overtime, and what types of tasks can they refuse altogether?

Labour Law in Germany: Is overtime work allowed for interns / Photo: Magnet.me / Pixabay
Labour Law in Germany: Is overtime work allowed for interns | Photo: Magnet.me / Pixabay

Many people, when starting a new job, are unsure whether interns are allowed to work overtime. In reality, delays at work are a part of everyday work life for many employees.

Related topic: Topics to avoid discussing at work in Germany

This is because sometimes so many tasks accumulate that a person cannot complete everything on time. Overtime work is a part of everyday life, especially before important project deadlines. What about interns? Are they also allowed to work overtime?

When interns are allowed to work overtime

As mentioned earlier, overtime work is not uncommon. Interns are also allowed to work overtime, but specific and strict requirements are imposed on them.

On the one hand, interns must be of legal age.

The Youth Employment Protection Act still applies to minors. They are allowed to work a maximum of 8 hours a day and 40 hours a week.

For adults, the situation is different. They are allowed to work up to 48 hours a week with overtime. However, special rules apply here as well.

Overtime work can only take place in justified exceptional cases and must also correspond to the content of the training. In addition, such tasks can only be performed in the presence of a training manager.

Стажерам работать сверхурочно необязательно, они могут всегда отказаться. Фото: Martin Polo / Pixabay
Labour Law in Germany: Is overtime work allowed for interns. Photo: Martin Polo / Pixabay

First and foremost, it should be noted that overtime work is not provided for interns and should be avoided. If, for certain reasons, it is impossible to leave the workplace at the planned time, it can only be done with a valid reason.

From the perspective of labour legislation, overtime work for interns is considered voluntary. If an intern refuses to work overtime, they are not subject to dismissal. When a person decides to work overtime, they should be paid for this separately unless corresponding compensation is specified.

Sometimes it is inevitable to engage interns in overtime work. However, such situations should not become the norm for interns. If an intern regularly has to work overtime, they should contact their supervisor as soon as possible. In principle, it is always possible to decline overtime work.

It's worth noting that while overtime work for interns is generally voluntary, they must be of legal age. According to the Youth Employment Protection Act, minors in Germany can work a maximum of 8 hours a day and 40 hours a week.

In contrast, adults are allowed to work up to 48 hours a week with overtime, but only in justified exceptional cases and with the presence of a training manager. Salaries in Germany for interns working overtime should be paid separately, unless a corresponding compensation is specified.

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