The legal traineeship as a springboard into academia
Definition and significance of the legal traineeship
In Germany, the legal traineeship represents a practice-oriented preparatory period for a state examination, which is a prerequisite for various professional careers. Particular emphasis is placed on the legal traineeship for law graduates, which prepares future graduates of university law studies for the Second State Examination in Law. However, the traineeship is also established as a preparatory service in other fields, such as teaching or public administration. Increasingly, the traineeship is also gaining importance as an entry point and qualification phase for academic work, especially at universities and research institutions.
Legal basis of the traineeship
Legal regulations
The legal framework for the traineeship is essentially governed by the respective civil servant laws of the federal states as well as by specific training regulations, such as the German Judiciary Act (DRiG) for the legal traineeship. For prospective teachers, corresponding provisions can be found in the teacher education laws of the federal states and the relevant regulations governing the preparatory service.
Status of the trainee
During their preparatory service, trainees are in a public-law training relationship, which, depending on the training sector, is structured as a so-called civil servant relationship on revocation. This establishes specific sets of rights and duties, such as duties of service, confidentiality, subordination to instructions, and disciplinary measures.
Remuneration and social law
During the traineeship, trainees receive maintenance allowances or candidate salaries, the amount of which varies depending on the federal state, training field, and family status. In terms of social insurance law, trainees are generally subject to special regulations regarding health, pension, unemployment, and accident insurance.
The traineeship as a qualification phase for academia
Scientific focus areas during the traineeship
During the course of the traineeship, it is possible to complete specific placements in the academic field, such as at a university or research center. In particular, the elective station can be used to take up scientific activities, gain experience in academic work, and establish contacts with academic institutions.
Significance of the elective station for an academic career
The elective station enables trainees to become acquainted with scientific issues at an early stage and to actively participate in shaping them. This includes, for example:
- Research and drafting of academic publications,
- Participation in teaching events,
- Support with third-party funding applications,
- Involvement in scientific projects.
Especially contact with professors or academic staff can facilitate access to doctoral projects as well as positions as research associates.
Transition from the traineeship to an academic career
Legal framework for employment in academic positions
The transition into an academic occupation takes place after completing the traineeship and, if applicable, after passing the second state examination. Suitable positions in the public service are often awarded according to the Law on Fixed-Term Contracts in Academia (WissZeitVG). Academic staff are usually employed on fixed-term contracts according to the collective agreement for public service of the federal states (TV-L).
Admission requirements for doctoral studies
Completing the traineeship, especially in the legal field, is generally not a formal prerequisite for doctoral studies, but it can significantly influence the professional qualification and selection of candidates. The practical and methodological skills acquired during the traineeship are often considered in the allocation of doctoral placements. In subject-specific areas, such as teaching, further admission requirements result from the respective doctoral regulations of the universities.
Professional legal implications
Successfully completing the traineeship opens up opportunities for applicants aspiring to an academic career—not only for a doctorate but also for employment as a research associate or in administrative roles at universities and research institutions. In certain fields, such as qualifying as a university lecturer, the traineeship or second state exam is a prerequisite for further qualification steps (for example, the habilitation).
Compatibility of the traineeship with academic continuing education
Trainees are generally free to pursue academic continuing education or participate in academic training offerings outside of their official duties, provided that this does not impair their service obligations. Secondary employment in academia may require prior approval from the training institution. The opportunity to work on a dissertation in parallel with the traineeship is legally permitted as long as there is no conflict with obligations arising from the traineeship.
Conclusion
The traineeship is not only an integral part of professional training in various legal fields, but it also provides a wide range of opportunities for entry into academia. The existing legal framework enables early setting of the course for an academic career during the traineeship, acquisition of necessary qualifications, and early networking with research institutions. The legally anchored structure of the traineeship thus offers a suitable springboard for academic careers, whose potential is gaining increasing importance in university and academic career development.
Frequently asked questions
Can the legal traineeship be regarded as employment in academia from a legal perspective?
The traineeship is, in legal terms, a preparatory service organized and carried out by the public sector to prepare candidates for the Second State Examination in Law. Typically, the traineeship must be completed at courts, public prosecutors’ offices, in administration, or in the private sector, and in terms of labor law constitutes a public-law training relationship. Consequently, a trainee is not considered an employee under labor law, but is subject to specific civil-servant-like regulations and requirements, including duties of service and a fixed maintenance allowance. An explicit categorization as academic employment does not occur; however, choosing placements at universities or research institutes can enable activity in this area. However, this does not grant any binding legal status for recognition as academic employment under civil service or employment law.
What legal requirements must be met for an academic placement during the traineeship?
To undertake an academic placement during the legal traineeship, the training regulations of the respective federal state must be consulted, as the states differ in the extent to which placements at universities or academic institutions are possible. Generally, the academic institution, such as a chair, must be willing to accept the trainee and fully guarantee the training requirements, particularly with regard to educational content and duration. Formally, this placement is regarded as either an elective station or a law firm placement and requires approval by the relevant training authority (for example, the judicial examination office). The content of the training must demonstrate sufficient relevance to legal practice, research and teaching, or to the deepening of particular skills.
Does completing a placement at a university chair during the traineeship provide professional advantages for a later academic career?
From a legal perspective, completing a placement in an academic setting during the traineeship does not have any direct professional consequences, since it does not open a civil service career and is also not a formal prerequisite for later academic positions or professorships. However, evidence of such work at a university or research institution can be considered relevant experience under the German Higher Education Framework Act, particularly with regard to the academic qualification records to be presented in appointment procedures (§ 44 HRG, state higher education laws). In addition, verifiable involvement in teaching, publications, or research projects may be viewed favorably in the assessment of academic suitability.
To what extent does the traineeship, from a legal perspective, provide access to third-party funding for academic projects?
During the legal traineeship, there is generally no employment relationship that would enable independent access to third-party funding, as trainees are not regular academic staff. Formally, applications for third-party funding can usually only be submitted by qualified academics with habilitation, professors, or permanently employed academic staff. However, trainees can participate in third-party funded projects as part of an academic placement, provided that the supervising professor explicitly integrates them into the project. Typically, trainees are not entitled to submit their own applications or act as project leaders, and this is precluded by their legal status as trainees.
What legal aspects apply regarding confidentiality and copyright in the context of academic work during the traineeship?
Trainees are generally bound to confidentiality according to § 37 (1) DRiG and the respective state regulations, which apply to both official and confidential information during their placements. This also includes academic work, particularly when working on or with sensitive research data, expert opinions, or unpublished manuscripts. In terms of copyright, independent academic contributions by the trainee are subject to the author’s copyright if they are the sole author. If work is done as part of a team or under supervision, contractual agreements (e.g. regarding co-authorship) are advisable and, if in doubt, should be clarified with the supervising academic and the training institution to avoid future disputes.
Are there any legal restrictions on publishing academic papers during the traineeship?
Legal restrictions on the publication of academic papers during the traineeship arise primarily from confidentiality obligations and, where applicable, from requirements of the institution at which the trainee is working. Before publishing, it must be checked to what extent trade or service secrets, third-party personal rights, or specific university regulations are affected. Training regulations generally do not provide for explicit publication bans; however, secondary employment, including academic activities, may be subject to notification obligations and sometimes requires approval by the training authority. Publications that arise as part of official duties must also generally be coordinated with the supervisor.
What legal risks exist when accepting teaching assignments in parallel with the traineeship?
Taking on teaching assignments during the traineeship can entail risks associated with both civil service and employment law. According to provisions of the respective state civil service laws and training regulations, trainees may only take up secondary employment, including teaching assignments, with the approval of the training authority. Accepting a teaching assignment without prior approval may be considered a breach of official duties and result in disciplinary consequences. Furthermore, it must be checked whether the secondary employment meets the time requirements of the traineeship and does not create conflicts of interest. The remuneration for a teaching assignment is generally subject to notification requirements and may affect the amount of maintenance allowance.