Summer is approaching and some companies are once again employing volunteers, interns and holiday workers. To avoid misunderstandings later on, it is important to clarify whether this is an employment relationship or a training relationship.

Volunteers are persons who are employed for the purpose of expanding and applying theoretically acquired knowledge without any obligation to work and without remuneration. They are bound by instructions and are not required to be present. Volunteers are covered by accident insurance, but not by health or pension insurance.

In the case of interns, a distinction must be made between “genuine” holiday interns and interns with higher education or training.

Genuine holiday interns are pupils or students who carry out the usual practical activities prescribed in the curriculum or study regulations. They do not receive any cash or non-cash benefits and, like volunteers, are only covered by accident insurance. A holiday internship can be carried out throughout the year.

The following criteria are characteristic of employment as a holiday intern (see also https://www.sozialversicherung.at/portal27/portal/esvportal/content/contentWindow?action=2&viewmode=content&contentid=10007.683993):

• They must demonstrably be pupils/students of a specific subject area who are employed in the company in accordance with this subject area.
• The practical activity in the company must correspond to the learning and training purpose of the relevant type of school or the study regulations.
• The duration of the holiday internship is based on the relevant training regulations. The employer must keep proof of the training requirements.
• The holiday trainee does not receive any cash and/or non-cash benefits and is not entitled to any such benefits under employment law.
• There is no personal obligation to work, no obligation to follow instructions or control and no organizational integration into the company.
• The focus of the activity is on learning and training and not on work performance.

Interns with a university education (e.g. legal interns, teaching interns) or in training (e.g. students at a medical-technical academy, students at a midwifery academy) are subject to full insurance and are insured against unemployment. If an employment relationship was established in personal and economic dependence, the intern must be registered as an employee.
Holiday workers are employed for remuneration in the same way as conventional employees in personal and economic dependence and are subject to compulsory insurance in accordance with § 4 Para. 2 ASVG. In principle, the respective collective agreement regulations apply. If the employment relationship lasts longer than one month, the employer must pay contributions to the company pension scheme.