Working students are a valuable resource for many companies, as they combine theoretical knowledge with practical experience and are flexible in their deployment. The working student contract regulates the rights and obligations of both parties and facilitates uncomplicated cooperation.
But what happens if one of the contracting parties wants to terminate the contract? In this article, we will examine the legal framework and practical aspects of terminating a working student contract and provide you with useful tips and advice.
I. General information
What is a working student contract?
Working student contracts differ from regular employment contracts in a number of ways. One key difference is the time limit on the employment relationship. While regular employment contracts are often concluded for an indefinite period, a working student contract is usually limited to a specific period, which is usually based on the end of the student's studies.
In addition, weekly working hours are limited to give working students enough time for their studies. Another difference concerns social security: working students are often covered by their parents' health insurance or student health insurance and do not have to pay unemployment insurance contributions.
The legal basis for working student contracts is regulated by the Part-Time and Fixed-Term Employment Act (TzBfG). This law sets out the specific regulations for fixed-term employment relationships, such as those found in working student contracts.
The Working Hours Act (ArbZG) also plays a role, as it limits the weekly working hours of working students to 20 hours. In addition, there are also court rulings that are specifically relevant to working student contracts.
For example, the Federal Labor Court has ruled that a working student may not be employed beyond their employment limit, as this would result in them being considered fully employed and thus no longer able to enjoy the benefits of a working student contract (for more information, see working student contract benefits).
II. Reasons for termination of a working student contract
What are the grounds for termination?
There are various reasons for termination that can be invoked by both the employer and the working student themselves. In general, however, terminations may only be made for good cause.
An important reason exists if the continuation of the employment relationship is unreasonable for one of the parties. Typical reasons for termination include, for example, a gross violation of employment contract obligations, theft at the workplace, or unexcused absence from work. In any case, the reasons for termination must be adequately documented and substantiated.
How do these differ from grounds for termination in other employment contracts?
Compared to other employment contracts, there are some differences in the grounds for termination in a working student contract. In principle, the same grounds for termination apply to working students as to regular employees, but there are some special provisions that arise from the particular situation of working students.
An important difference is that working students usually only work a small number of hours and therefore do not have a permanent position in the traditional sense. This means that employers must be particularly careful when terminating employment, as otherwise they may quickly be accused of bogus employment.
Another important difference lies in the regulations governing probationary periods. Since working students are usually only employed for a limited period of time, a long probationary period does not make sense. For this reason, the probationary period in working student contracts is often very short or even omitted altogether. However, this can also have disadvantages for the working student, as they often have little time to look for a new job if the termination process is quick.
Working student contracts often contain provisions that limit protection against dismissal. For example, they may include clauses that allow dismissal without warning or without giving reasons. However, caution is advised here, as such clauses may be invalid if they violate higher-ranking law.
Another important factor in working student contracts is the fact that working students are often still in training or studying and are therefore in a special phase of their lives. It is important to note that working students may enjoy special protection. (See Advantages of a working student contract) For example, there are special regulations in the event of pregnancy or severe disability that increase protection against dismissal.
Can working students be dismissed without cause?
No, the employer cannot terminate a working student contract without cause. German labor law stipulates that termination may only occur for good cause (§ 626 BGB).
An important reason exists if the terminating contractual partner cannot reasonably be expected to continue the employment relationship until the end of the notice period or until the agreed termination of the employment relationship.
The termination must be made in writing and the reason for termination must be stated in the letter of termination.
However, there is one special feature of the working student contract: since it is based on temporary employment, the employer can terminate the employment relationship at the agreed end of the fixed term even without good cause (Section 15 (3) TzBfG). However, termination before the end of the agreed fixed term is only possible for good cause.
How do you write a resignation letter for a working student?
Termination of employment for a working student should be in writing and include the following elements:
- Addressee: The termination should be addressed to the working student and include their full contact details.
- Date: The date on which the termination is announced should be specified.
- Subject: The subject line should clearly indicate that it is a termination notice.
- Introduction: The introduction should be friendly and polite, thanking the working student for their work.
- Reason for termination: The reason for termination should be stated clearly and precisely. It is important that the reason complies with legal requirements.
- Notice period: The notice period must be specified in the notice of termination and must comply with the provisions of the employment contract and the law.
- Farewell words: The termination should be concluded with a polite gesture, such as expressing gratitude for the collaboration and wishing them well for the future.
It is advisable to send the notice of termination by registered mail in order to obtain proof of receipt and avoid any disputes regarding receipt of the notice (see Notice of termination template).
How beglaubigt.de can help you draft legally compliant termination notices for working student contracts
beglaubigt.de offers a simple and quick solution for creating legally compliant termination letters for working students. With our intuitive contract wizard, users can quickly and easily create a customized termination letter in accordance with legal requirements.
The builder guides users step by step through the process and ensures that all relevant information is included and that the termination requirements are met.
In addition, beglaubigt.de offers a certification function for the employer's signature to ensure the legal validity of the termination letter. This way, users can be sure that their termination is legally compliant and effective. With beglaubigt.de, employers and working students can save time and effort and rest assured that their termination has been drawn up in accordance with legal requirements.
When does the working student contract end?
The working student contract generally ends when the agreed contract period expires. This can be freely agreed between the parties, but the maximum duration of 2 years may not be exceeded.
An extension of the contract is only possible under certain conditions, for example, if you change your degree program or extend your studies due to missed exams or illness.
In addition, the contract can be terminated prematurely by either the employer or the working student themselves.
However, the statutory and contractual notice periods must be observed. The contract can also be terminated by mutual agreement if both parties agree to a termination agreement. In this case, the statutory provisions must also be observed.
Further tax issues relating to working student contracts are listed here: Working student contract taxes.
What are the special termination conditions for working student contracts?
Working student contracts have special termination conditions that differ from other employment contracts. Firstly, it is common for the contract to be concluded for a specific period. Termination by the employee or employer during this period is only possible under certain circumstances.
For example, working students cannot simply resign during the current semester if they want to leave the company, but must continue working until the end of the semester. The employer can usually terminate the working student contract at any time, but must also observe a notice period.
On the other hand, working student contracts often contain special provisions regarding working hours. Since working students work alongside their studies, their weekly working hours may not exceed 20 hours as a rule. However, termination by the employer due to violations of this provision is generally not possible, as compliance with working hours is the responsibility of the employee. The employer may, however, agree on a contractual penalty if the working student violates this provision.
In addition, working student contracts often include a provision for termination of the contractual relationship after the end of the student's studies. Since working students usually only work during their studies, the contract automatically ends after graduation. Termination is not necessary in this case.
To summarize briefly:
Statutory notice periods: Compliance with statutory notice periods, which may vary depending on the length of employment.
Written termination: Termination must generally be made in writing (letter or email).
Probationary period: Shorter notice periods may apply during the probationary period.
Contractual notice periods: Compliance with the notice periods specified in the working student contract.
Termination without notice: In the event of serious violations or misconduct, termination without notice may occur.
Termination for operational reasons: In the event of economic difficulties or restructuring within the company, termination for operational reasons may be possible.
Social selection: In the event of redundancies for operational reasons, social selection should be taken into account in order to avoid discrimination.
Protection against dismissal: Compliance with statutory protection against dismissal regulations, e.g. for pregnant women or severely disabled persons.
III. Termination by the employer
What options does the employer have for terminating the working student contract?
The employer has various options for terminating the working student contract:
- Ordinary termination: The employer may terminate the working student contract in accordance with the notice period. (see ordinary termination)
- Extraordinary termination: If there is good cause, such as theft, the employer may terminate the working student contract extraordinarily. (see extraordinary termination)
- Fixed-term contract: If the working student contract is fixed-term from the outset, the employment relationship ends automatically at the end of the agreed period without the need for termination.
- Termination agreement: Employers and working students can also agree to terminate the contractual relationship by mutual consent by means of a termination agreement.
However, it should be noted that the employer cannot terminate the working student contract arbitrarily. The termination must always be lawful and based on comprehensible reasons. Otherwise, the working student can take action against the termination.
Does the employer suffer any disadvantages if they terminate the contract?
If the employer terminates the working student contract, this may have disadvantages for the company, depending on the reasons for the termination and the timing of the termination. For example, termination without good cause or termination during the agreed minimum term of the contract may have legal consequences. If the employer violates applicable labor laws or discrimination laws, they may be held liable for their actions.
Furthermore, the ill-considered dismissal of a working student can also lead to a negative public perception of the company and affect the morale of other employees. In general, it is therefore important that employers think carefully before dismissing an employee and ensure that the dismissal is based on legitimate reasons and within the limits of labor law.
When is termination by the employer justified?
Termination by the employer is only justified under certain conditions. As a rule, there must be important reasons for this. Some of the reasons that may justify termination are:
- Breach of contract by the working student: If, for example, the working student violates work instructions, leaves the workplace without excuse, or commits theft, this may justify termination by the employer.
- Illness or absence of the working student: If the working student is ill for a long period of time or is absent for other reasons for a long period of time and is therefore unable to perform their work, this may lead to termination of employment.
- No longer needing the working student: If the employer doesn't have any more work for the working student, this can be a reason to end the contract.
- Inadequate work performance: If the working student does not perform their work or does not meet the requirements necessary for the job, this may justify termination.
How does the cancellation process work?
The termination process begins with the decision by the employer or the working student to terminate the employment contract. In the event of termination by the employer, the employer must first check whether all termination requirements are met and whether termination is justified at all.
Then a written notice of termination must be drawn up, containing all relevant information, such as the reason for termination, the notice period, and the date of the last working day. This notice of termination must be sent to the working student in writing.
In the event of termination by the working student, they must also write a letter of resignation and send it to the employer. Here too, the letter of resignation must contain all relevant information, such as the reason for termination, the notice period, and the date of the last working day.
Once the notice of termination has been delivered, the notice period begins. During this time, the working student can continue to work and the employer can look for a suitable replacement.
At the end of the notice period, the employment relationship ends and final settlements and formalities must be completed, such as the payment of the last salary and the handover of work materials.
IV. Termination by the working student
What options does a working student have for terminating their working student contract?
Working students generally have the right to terminate their working student contract. The usual notice periods specified in the contract or collective agreement apply.
The working student can terminate the contract for various reasons, e.g. for personal reasons, because they have found another job, or because they want to concentrate on their studies.
It is important to note that working students must adhere to the contractually agreed notice periods in order to be eligible for a positive reference from their employer. As a rule, the notice period for working students is four weeks, but it may be shorter or longer if this has been agreed in the contract.
It is advisable to submit your resignation in writing and well in advance so that your employer has sufficient time to find a replacement. The reasons for your resignation should not be stated in the written resignation letter unless this is expressly required or requested by your employer. The resignation letter should be polite and respectful in order to maintain a good relationship with your employer and ensure a positive reference.
What notice periods must be observed?
Provisions in the employment contract, collective agreements, or statutory regulations. As a rule, the notice period for working student contracts is two weeks to the end of the month. However, a different provision may be agreed in the employment contract.
However, it should be noted that the notice period may also depend on the length of employment. For example, if the working student has been employed for more than six months, longer notice periods may apply.
It is advisable for employers and working students to inform themselves about the notice periods when concluding a contract and to stipulate these in the employment contract.
What are the special termination conditions for working student contracts?
According to Section 17 (1) of the Part-Time and Fixed-Term Employment Act (TzBfG) , an employment relationship with a working student can only be terminated for good cause. Good cause may exist, for example, if the working student fails to perform his or her duties, is repeatedly absent without excuse, or violates essential contractual obligations.
In addition, the general provisions of the German Unfair Dismissal Protection Act (KSchG) must also be observed when terminating a working student contract. This means that certain groups of people, such as pregnant women or severely disabled persons, enjoy special protection against dismissal and dismissal is only permissible under certain conditions.
However, it should be noted that working student contracts often stipulate that the employment relationship is limited in time without giving reasons and automatically ends after the agreed period has expired. In this case, no special termination requirements are necessary.
V. Special situations: Termination during the probationary period and in the case of fixed-term contracts
What applies in the event of termination during the probationary period?
If the working student contract is terminated during the probationary period, shorter notice periods usually apply. The exact notice periods may be specified in the employment contract or collective agreement. If no such agreements have been made, the law applies, which stipulates a notice period of two weeks.
However, there are exceptions to this rule. For example, if the working student has committed serious breaches of contract, the employer can terminate the employment relationship without notice.
However, in this case, the employer must provide detailed reasons for the breaches of contract and how these affect the employment relationship. Extraordinary termination should therefore always be carefully considered and only be used in truly serious cases.
It is also possible that a probationary period agreement has been made in the employment contract that deviates from the statutory provisions. In this case, it is important to check the exact terms of the contract in order to determine the applicable notice periods during the probationary period.
What is the termination policy for fixed-term contracts?
Termination of fixed-term contracts depends on the type of contract. In the case of a fixed-term contract without objective grounds, the employer can generally only terminate the contract during the agreed term, unless there is good cause. Termination before the end of the fixed term is only possible in exceptional cases, such as gross breach of contract by the employee.
In the case of a fixed-term contract with an objective reason, such as a temporary replacement, project work, or seasonal employment, termination is only possible for good cause. Good cause may include, for example, a serious breach of contract or an unreasonable continuation of the employment relationship.
The notice period for fixed-term contracts is not prescribed by law. As a rule, however, the employment relationship can be terminated at the earliest at the end of the agreed fixed term. Ordinary termination during the term of the contract is generally only possible if there is good cause.
VI. Legal consequences and consequences of termination
What are the consequences of termination for the working student?
Terminating a working student contract can have various consequences for the working student. First of all, they lose their job and thus their regular income. This can be particularly problematic if they are financially dependent on their working student job and have no alternative prospects. In addition, the termination can also have an impact on the further course of their studies. If the working student job was an important part of their studies and the working student used it to finance their studies, for example, the termination may force them to drop out or interrupt their studies.
In addition, termination also has an impact on the working student's future career plans. Termination can have a negative effect on the reference that the working student receives from their employer. If, for example, the reference contains a negative comment about the termination, this can make it difficult for the working student to find a new job when applying for future positions.
Finally, termination can also have an impact on the relationship between the employer and the working student. If the working student feels that they have been unfairly dismissed, this can permanently damage the relationship of trust with the employer. In this case, legal disputes may also arise, which can involve considerable effort and costs for both the working student and the employer.
What are the legal consequences of termination by the employer?
The legal consequences of termination by the employer depend on whether the termination was lawful or unlawful. In the case of lawful termination, the employment relationship ends on the agreed or statutory termination date. The employer is obliged to issue the employee with a reference and, if applicable, to release them from their work obligations if they still have remaining vacation entitlement. (Further information: Working student contract vacation)
In the event of unlawful dismissal, the employee may file an unfair dismissal claim with the labor court within three weeks of receiving notice of dismissal. The labor court will then examine whether the dismissal was socially unjustified. If the dismissal was socially unjustified, the employee is entitled to reinstatement or severance pay.
In addition, if the employer terminates the employment relationship, the employee may also be entitled to reasonable severance pay if this is provided for by law or results from a collective agreement or a works agreement. Here, too, it should be noted that an action for unfair dismissal must be filed within three weeks in order to assert the claims.
In addition, termination by the employer may also affect the employee's entitlement to unemployment benefits. If the termination was caused by the employee, for example by violating obligations under the employment contract, this may result in a waiting period for unemployment benefits.
It is therefore important that employers comply with all legal requirements and provisions when terminating employment and, in case of doubt, have the termination reviewed by a lawyer in order to avoid possible legal consequences.
How can a working student take action against unfair dismissal?
A working student can take action against unfair dismissal by their employer by filing a lawsuit with the labor court within three weeks of receiving notice of termination. However, working students should note that they will only be successful if the dismissal is actually invalid and they can provide sufficient evidence and arguments to support this.
As a rule, the labor court will first attempt to reach an amicable agreement between the parties. If this is not successful, the court will make a decision and, if necessary, declare the termination invalid. In this case, the working student is entitled to continue the employment relationship and, if necessary, to compensation.
Terminating a working student contract Summary
Special provisions apply to termination under a working student contract. Although the employer may terminate the contract without giving reasons, certain notice periods must be observed. Extraordinary termination is only possible in special cases, such as serious breaches of duty by the working student.
The working student also has the right to terminate the contract, but must observe certain notice periods. Termination should always be made in writing and include details of the date of termination and the reason for termination.
In the event of termination by the employer, working students may face negative consequences such as loss of income and potential difficulties in finding a new job. However, if the termination is unjustified, the working student can take legal action against it.
In summary, it is important that both employers and working students inform themselves about the specific termination conditions within the framework of a working student contract and comply with the legal provisions in order to avoid negative consequences.
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