A working student contract offers students the opportunity to gain practical experience during their studies and complement their education with hands-on knowledge. As an employer, you can benefit from the students' skills and knowledge and involve them in projects. But what happens when circumstances change and terminating the working student contract becomes necessary?
In this article, you will learn everything you need to know as an employer or employee about the notice period in a working student contract.
What is a working student contract?
Before we address the notice period in a working student contract, we should first get an overview of the contract itself. A working student contract is a fixed-term employment agreement between a student and a company. Unlike an internship, a working student contract is considered a regular employment relationship that typically does not exceed 20 hours per week.
When does a working student contract end?
The duration of a working student contract is typically fixed and is outlined in the agreement between the employer and the employee. Generally, a working student contract ends with the completion of the student’s studies or after completing a specific number of internships.
In some cases, the working student contract can also be terminated early, for instance, through resignation by one of the parties or by mutual termination for other reasons. If the contract is set for a fixed term, it automatically ends once the agreed-upon period expires. However, the contract may also be tacitly extended if neither party takes action to terminate it.
It is important that both employers and employees understand the notice period stipulated in the working student contract. The notice period can vary depending on the length of the employment relationship and the terms of the contract. Employers must adhere to the notice period to ensure an amicable separation. Likewise, working students should respect the notice period to avoid an immediate dismissal.
In the working world, it is common for a working student contract to end when the student completes their studies or achieves a qualification that is no longer beneficial to the company. Some companies also offer working students the opportunity to transition into full-time employment after graduation. However, it is essential to note that a new employment contract must be drawn up for full-time positions.
Regarding relevant laws and regulations, several rules apply to working student contracts. For example, the Working Hours Act (Arbeitszeitgesetz, ArbZG) governs the working hours and rest periods for employees. Additionally, the Minimum Wage Act (Mindestlohngesetz, MiLoG) must be observed to ensure that working students are paid fairly. Furthermore, the working student contract must comply with general labor law provisions.
How to write a resignation as a working student?
A resignation under a working student contract should be submitted in writing and include all relevant details. Below is a sample resignation letter that can serve as a template:
Sample Company GmbH
Max Mustermann
Sample Street 1
12345 Sample City
Termination of the Working Student Contract
Dear [Name of Contact Person],
I hereby resign from the working student contract between us, effective as of [Date the resignation should take effect].
I would like to thank you for the opportunity to gain valuable experience in your company. I appreciate the time I have spent with your team and will apply the knowledge I have gained throughout my career.
Please let me know if you require any further documents from me or if I need to complete any tasks before leaving the company.
Thank you in advance for your support and cooperation.
Sincerely,
[Name of the Working Student]
It is important that the resignation letter is signed in original. Ensure that both the resignation date and the effective termination date are clearly stated. Additional details such as the reason for the resignation are optional, but it is important that the resignation is polite and respectful.
In the case of an immediate resignation (termination without notice), the letter must include a justification for the immediate resignation. It is crucial that this type of resignation happens promptly, as immediate termination is only possible for significant reasons.
What is the notice period for a fixed-term contract?
In the case of a fixed-term employment contract, the notice period is generally not applicable, as the employment relationship is limited to a specific period. The contract automatically ends upon the expiration of the agreed term.
An ordinary termination is therefore not necessary. However, there are exceptions where termination may be possible despite the fixed term, such as in the case of an extraordinary termination for good cause. In such cases, the employer must provide valid reasons justifying immediate dismissal, such as serious violations of the employee’s duties or the employer’s insolvency. Terminations can be classified into personal or conduct-related dismissals.
An amicable termination before the end of the contract term is also possible if both the employee and employer agree. In any case, the reason for the contract’s fixed term should be taken into account to avoid conflicts and uncertainties.
It is advisable to review the specific conditions of a fixed-term contract, particularly regarding the possibility and terms of termination, before signing the agreement.
Do working students have protection against dismissal?
Working students generally enjoy the same protection against dismissal as regular employees. This means that a working student cannot be dismissed without a legitimate reason. The specific conditions for dismissal protection of working students are outlined in the Dismissal Protection Act (Kündigungsschutzgesetz, KSchG).
According to § 23 (1) sentence 3 KSchG, a full year of employment is calculated as 1,080 hours rather than twelve months. For working students, this means they may reach dismissal protection faster than regular employees, as they often work part-time or only during semester breaks.
However, it’s important to note that dismissal protection does not apply indefinitely, and fixed-term employment relationships generally do not enjoy dismissal protection. Therefore, the working student contract should be carefully reviewed to understand its terms, and legal advice should be sought if necessary.
Working Student Contract Notice Period: Key Points at a Glance
The notice period for a fixed-term employment contract depends on various factors and is regulated by law. According to § 622 of the German Civil Code (BGB), both parties must observe a notice period of four weeks for an ordinary termination. This period can be counted either from the 15th or the end of a calendar month. If a probationary period is stipulated in the employment contract, the notice period is reduced to two weeks, and no reasons for termination need to be provided.
It is important to note that in the case of a longer fixed-term contract, the notice periods are automatically adjusted if the employer terminates the contract. After two years of employment, the notice period becomes one month to the end of a calendar month. After five years, the notice period extends to two months. Below is an overview of the notice periods for fixed-term employment contracts:
- Ordinary termination by both parties: 4 weeks to the 15th or the end of a month
- Probationary period in the employment contract: 2 weeks, without the need to state reasons
- Longer fixed-term contract: Adjustment of the notice period by the employer
- Employment duration of 2 years: 1-month notice to the end of a calendar month
- Employment duration of 5 years: 2-month notice to the end of a calendar
It is important to note that immediate termination (without notice) is possible in cases of serious employee misconduct, such as theft or violent behavior. However, the employer must meet strict requirements, as the grounds for dismissal must stand up in court.
How to Terminate a Working Student Legally?
To legally terminate a working student, several requirements must be met.
First, the termination must be in writing and personally delivered to the working student or sent by registered mail. The reasons for terminating the employment must be provided if required by law.
Furthermore, the notice period must be observed, which is usually specified in employment contracts or collective agreements. If the employment contract does not specify a notice period, the statutory notice period of four weeks applies. During the probationary period, the notice period may be shortened to two weeks.
It is important to remember that an extraordinary termination without observing the notice period is only permitted in exceptional cases, such as in cases of severe violations of contractual duties. For more detailed information regarding taxes for working student contracts and termination processes, see the following article: Working Student Contract Taxes.
Sample Termination for Working Students
[Company Name GmbH]
[Street Name 1]
[12345 City]
[Date of Termination]
Termination of Employment
Dear [Name of the Working Student],
I hereby terminate the employment relationship with you as of [Termination Date] in accordance with the agreed notice period. The termination is based on [Reason for Termination].
I would like to thank you for your work and wish you all the best for your future.
Sincerely,
[Employer’s Signature]
[Employer’s Name]
What Are the Exceptions to the Notice Period for Working Student Contracts?
Working students generally have the same notice periods as regular employees. However, there are exceptions that can vary depending on the employment contract. One common exception is during the probationary period, where the notice period is usually reduced, often to one week. Another exception occurs in the case of an extraordinary termination, which typically does not require any notice period.
However, extraordinary termination requires a valid reason that makes the continuation of the employment relationship unreasonable. Such valid reasons could include criminal offenses or serious breaches of contractual duties. It is important to note that the conditions for an extraordinary termination are very strict and may need to be clarified in court if contested.
There are also situations where working students do not have protection against dismissal, such as when they are employed under a fixed-term contract. In such cases, the employment relationship ends automatically upon the expiration of the contract, and no termination notice is required. However, if the contract provides for the possibility of termination, it must also comply with legal regulations.
5 Final Legal Tips for Employers on Notice Periods in Working Student Contracts
- Follow Contract Provisions: The notice periods for working student contracts can be individually agreed upon in the employment contract. Employers should be familiar with these provisions and strictly adhere to them.
- Check Collective Bargaining Agreements: In some industries, collective bargaining agreements may govern notice periods for working students. Employers should verify whether such agreements apply and what notice periods are specified.
- Observe Legal Notice Periods: If no notice periods are outlined in the employment or collective agreement, the statutory notice period under § 622 BGB applies. This period is four weeks, either to the 15th or the end of a calendar month.
- Fixed-Term Contracts: For fixed-term working student contracts, termination is generally not possible unless a termination clause is explicitly included in the contract.
- Written Termination: Employers should always issue termination notices in writing and ensure they are delivered to the working student. It's advisable to obtain a written confirmation of receipt to avoid disputes about when the notice was received.