Student Assistants

Requirements and Legal Framework for the Employment of Student Assistants

Enrollment:

The person to be hired must be a student at a German university and enrolled in a degree program leading to a first or advanced degree conferring professional qualification.

Tasks:

According to § 6(1) of the German Act on Fixed-Term Contracts for Academic Staff Wissenschaftszeitvertragsgesetz (WissZeitVG), Student Assistants may be employed if they perform auxiliary academic activities. Auxiliary activities are deemed academic activities if

• They are in direct support of the scientific work of persons involved in research and teaching,
• They perform supporting and auxiliary activities for persons involved in research and teaching, e.g. by taking on routine work, proofreading exams, compiling scientific materials,
• They provide scientific services, e.g. assistance with all official duties performed by professors, such as helping with examinations, supporting young scholars or advising students.
  

Term of Employment Contract: 

As a rule, the term of contract must be at least one year and may be shorter in justified cases. If the contract is to last less than one year, reasons must be included in the employment proposal. Where the employment contract spans across semesters, it is important that student assistants, on their own initiative, renew their proof of enrollment with the relevant human resources unit. As a rule, failure to provide proof of enrollment for each semester results in termination of employment.

Duration of Employment: 

Fixed-term employment contracts of Student Assistants may last up to a maximum of six years (§ 6 WissZeitVG). When calculating the maximum period of temporary employment, all previous jobs as Student Assistant, including those at other universities and research institutions, will be taken into account.

Working Hours: 

Student Assistants may only be employed by the State of Bavaria on a part-time basis, i.e., up to 20 hours per week. Employment at different Bavarian universities will be added up.

If the student is employed by the State of Bavaria and by another employer and works a total of more than 20 hours per week, this is legally possible; however, this may affect the social security status of the Student Assistant.

The rates of remuneration for assistants are higher than the minimum wage. However, if tasks require the assistant to work more hours in a month than contractually agreed, it may result in an hourly rate below the minimum wage. This overview outlines ways in which Student Assistants may still be able to have flexible working hours.

Non-German Employees:

If the Student Assistant is a citizen of a non-EU country, employment requires a residence permit. It should be clear from the residence permit that a part-time student job is allowed. If applicants were born in one of the listed countries or have or have had the nationality of one of these countries, the Human Resources Department must additionally contact the Landesamt für Verfassungsschutz (Federal Office for the Protection of the Constitution) to determine their loyalty to the constitution.

Paid Leave:

Student Assistants are entitled to paid leave in accordance with the Bundesurlaubsgesetz/Federal Leave Act (20 work days for full-year employment five days per week, to be calculated pro rata for shorter employment periods and fewer work days per week).

Social Security:

Students only have to pay contributions to pension insurance (in the case of marginal employment such as mini-jobs, they may apply for exemption). Students do not have to pay contributions to health, long-term care, or unemployment insurance.

Remuneration: 

Based on the maximum rates established by the Tarifgemeinschaft deutscher Länder (TdL) (Employers Association of the German Länder), the salary will be determined for the entire university. Please refer to the respective remuneration table for the applicable rates of remuneration.

Once it has been determined which person will be hired, the recruitment documents must be submitted to the responsible office at least three weeks before the intended starting date of employment. 

Due to mandatory legal requirements, the submission of recruitment documents or documents for extension is currently still required in paper form including an original signature. These documents form the basis for recruitment in the government sector and its funding from public funds. Their suitability as a legal document and relevance under labor law is therefore of particular importance. Despite considerable legal and technical hurdles, we are continually working on the digitization of our processes and a legally compliant technical solution for replacing original signatures in a number of digitalization projects. As an example, when hiring or extending the contract of a Student Assistant, the original signature will soon be replaced by a qualified electronic signature. Here, restrictions due to the requirements of external bodies such as the State Finance Office come into play, as it still requests paper documents with an original signature. 

Further information:

• Recruitment Documents for Student Assistants
• Employment of Persons From Abroad
• Minimum Wage/Working Hours Account
• Marginal Employment

contact: ZA 2 - Personal