According to a decision by the Federal Labor Court (BAG), prospective students are not entitled to the statutory minimum wage during a mandatory internship, which is required for university admission.

It is the will of the legislator that not only mandatory internships during the course of study, but also mandatory internships beforehand are excluded from the minimum wage claim, explained the highest German labor judges on Wednesday in Erfurt (Az.: 5 AZR 217/21).

A young woman from Rhineland-Palatinate who wanted to study medicine at a private, state university had filed a complaint.

According to the court, the study regulations of the university provide for a six-month internship in a nursing ward as a prerequisite for admission.

For this period, the plaintiff demanded remuneration of around 10,300 euros, citing the Minimum Wage Act.

She argued that a pre-internship is not a mandatory internship.

The prospective doctor had already failed with her claim at the State Labor Court of Rhineland-Palatinate - now also at the Federal Labor Court.

According to the judges, it does not matter that the case concerns a private university.

It is state-recognized - its admission conditions are thus equivalent to a public-law regulation.