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Windfall reversed – no remuneration for intern

On 17 October 2014 the Higher Labour Court Hamm (Landesarbeitsgericht Hamm; docket number 1 Sa 664/14) reversed a decision of the Regional Labour Court Bochum, which had ruled that an intern who permanently performs tasks of regular employees should be paid for the work, and decided that the intern was not entitled to any remuneration. The decision of the Regional Labour Court Bochum was commented on in our blog on 29 March 2014 ( https://blogs.dlapiper.com/employmentgermany/2014/03/29/unpaid-internship-crackdown/ ).

According to the Higher Labour Court Hamm it is true that the intern had performed the same work as other employees. However, contrary to the Regional Labour Court Bochum, the Higher Labour Court Hamm ruled that these tasks had been performed on the basis of the internship only and not an employment relationship.

A clarifying decision of the Federal Labour Court (Bundesarbeitsgericht, BAG) cannot be expected as the right to appeal the decision was denied.