Internships and apprenticeships in the public sector

Principles on the law governing internships in the municipal public service

• Definition of internships and legal status of interns.
• Differentiation from the training relationship and the employment relationship.
• Differentiation from trainee program, traineeship and working students.
• Dangers and undesirable legal consequences of incorrect delimitation.

Presentation and differentiation of different types of internships according to requirements and legal effects

• The important distinction between voluntary internships and mandatory internships.
• Internships in accordance with the VKA Internship Guidelines (P-RL) of 21.11.2014.
• Federal and state internship guidelines.
• Dealing with Bachelor students and dual students on internships.
• Internships in accordance with the Minimum Wage Act (MiLoG).
• Internships in accordance with the collective agreement for interns in the public sector (TVPöD/VKA).

Remuneration claims and exceptions to the remuneration obligation

• Overview of the legal basis and amount of remuneration.
• TVPöD (VKA), Internship Guidelines (P-RL) VKA/Federal/State, §§ 26, 17 BBiG, § 138 BGB.
• Remuneration according to the MiLoG and exceptions thereto (§§ 1, 22 MiLoG).
• interns without entitlement to remuneration.

Possibilities and limits of contract design

Apprenticeships in the municipal public service - selected legal issues

• Areas of application of the TVAöD - BBiG (VKA) and the TVAöD - Pflege (VKA) as well as an overview of the corresponding federal and state regulations.
• Retraining measures and application of collective bargaining law.
• TVAöD (VKA) and transitional allowance from Job-Center, DRV, BG, Bundeswehr.
• Training contract, ancillary agreements, contract drafting.
• Probationary period in the training relationship and extension options.
• Part-time training in the public sector and pro rata remuneration.
• Parental leave and part-time parental leave during training.
• Shortening and extending the training period.
• Assumption of costs for working and learning materials, learning materials allowance.
• Expiry of the training period and request for extension.
• Dealing with illness and failing the exam.
• Requests for continued employment and notification obligations pursuant to Section 16 (3) TVAöD (VKA).
• Obligation to take on an employment relationship in accordance with § 16a TVAöD (VKA).
• Conflicts between § 16a TVAöD (VKA) and other takeover obligations or preferential rights.