What should be included in a working student contract?

What should be included in a working student contract?

A working student contract should cover various aspects to establish a clear basis for employment as a working student. The key points to be included are:

• Contracting parties: The contract should clearly identify the parties involved, i.e., the employer and the working student.
• Scope and duration of employment: The contract should specify how many hours per week the working student will work and how long the employment relationship will last overall.
• Working hours and location: The contract should define on which days and at what times the working student will work. It should also state the place of work, i.e., whether the student will work on-site at the company or remotely from home.
• Compensation and other benefits: The contract should specify the amount of compensation. It may also address other benefits, such as reimbursement of travel expenses or coverage of training costs.
• Vacation and leave: The contract should outline the vacation and leave policies to avoid misunderstandings.
• Termination and contract ending: The contract should also specify under what conditions the contract can be terminated and the notice periods that must be observed. It should also include the conditions for the contract's conclusion.

Is a working student contract an employment relationship?

Yes, a working student contract is an employment relationship. A working student is a student who works part-time in a company while studying, allowing them to apply their academic knowledge practically. This employment relationship is formalized in a working student contract, which outlines the rights and obligations of both parties—the employer and the working student.

Although it is an employment relationship, there are some key differences compared to a regular job. For example, there is often a limit on the number of hours worked per week to ensure the student has enough time for their studies.

Additionally, the compensation for working students is usually lower than that of regular employees—working student contract: templates, examples, & taxes. However, working students are generally subject to the same labor laws as other employees, such as the Working Hours Act, the Minimum Wage Act, and the Dismissal Protection Act.

How long can a working student be employed?

Ein Werkstudent darf grundsätzlich während seines Studiums für eine unbegrenzte Dauer beschäftigt werden, solange er die Voraussetzungen für die Werkstudententätigkeit erfüllt. Diese Voraussetzungen sind:

1. The working student must be enrolled at a university and pursuing a full-time degree.
2. The employment must not exceed 20 hours per week, ensuring the student has enough time for their studies.
3. The job must be related to their field of study, meaning the working student should gain practical experience relevant to their academic work.

However, there is a restriction when it comes to the duration of employment. If the working student is to continue working after completing their studies, the employer must hire them as a regular employee with a standard employment contract. Continuing the working student contract after graduation is not allowed, as the individual no longer fulfills the requirement of being enrolled in a full-time academic program.

What should be included in a working student contract?

A working student contract should cover various aspects to establish a clear basis for employment as a working student. The key points to be included are:

1. Working hours: The weekly working hours of a working student must not exceed 20 hours. It’s essential to ensure that the student has enough time for their studies, and the working hours should be arranged flexibly in consultation with the student.
2. Compensation: The compensation for working students is typically lower than that of regular employees. However, there is a statutory minimum wage that must be observed. The exact compensation should be specified in the contract.
3. Job description: The contract should clearly outline the type of work the student will perform. It’s important to ensure that the work relates to the student’s field of study.
4. Notice period: The notice period for working student contracts should be specified in the contract. If no notice period is mentioned, the legal notice period of four weeks to the end of the month applies.
5. Vacation: Working students are usually entitled to vacation. The exact number of vacation days should be outlined in the contract.
6. Insurance: The working student is covered by the employer’s accident insurance while at work. However, it’s essential to ensure that the student has their own health insurance.
7. Contract duration: The contract should clearly state the duration of employment, specifying the start and end dates.
8. Probation period: Including a probation period in the contract can be beneficial, allowing both parties to terminate the employment relationship more easily during this time.
9. Data protection: Care should be taken to ensure that the student only has access to information and data necessary for their work. Data protection should be addressed in the contract.
10. Social security: It is important to clarify whether or not the working student will be included in social security contributions.Wie viel darf eine Werkstudent verdienen?

As a working student, there is no fixed income limit since the salary depends on various factors, such as the type of work, the industry, the employer, and the region. However, there is a statutory minimum wage that must be adhered to for working student roles. Since October 1, 2022, this minimum wage has been at least €12.00 per hour. Nevertheless, the salary can be higher and is often a matter of negotiation between the employer and the working student.

It's important to note that working students generally cannot work tax-free. Income above the current tax-free allowance of €9,408 per year must be taxed. However, a standard allowance for work-related expenses of €1,000 per year is taken into account, reducing the taxable amount.

It’s advisable to research payment possibilities in advance and consult with the employer or a tax advisor to clarify any tax-related issues.

When is a working student contract worth it?

A working student contract can be beneficial in several situations, such as:

1. If you want to gain work experience during your studies: A working student contract offers the opportunity to work in a company while studying and gain practical experience. You can establish valuable connections early on and prepare for your future career.
2. If you need financial support: A working student contract allows you to earn money alongside your studies, helping to financially support your education.
3. If you need flexible working hours: Working student contracts often offer flexible working hours. Employers typically consider the needs of students and allow for adjustments in working hours to fit their lecture schedule.
4. If you are looking for a potential future job: A working student contract can be a great way to establish yourself in a company and recommend yourself for a permanent position. If the employer is satisfied with your work, it may lead to a long-term employment opportunity.

What are the benefits of a working student contract from the employee's perspective?

A working student contract offers several advantages for employees:

• Gaining work experience: A working student contract allows students to gain their first professional experience during their studies, enabling them to make early connections and acquire important skills.
• Flexibility: Working student contracts are usually very flexible in terms of working hours. Employers typically consider students' needs and allow adjustments to the work schedule based on their class timetable.
• Financial support: A working student contract provides an opportunity to earn money while studying, helping to financially support the student throughout their education.
• Career opportunities: If the employer is satisfied with the working student's performance, there may be an opportunity for a permanent position after graduation. A working student contract can be a stepping stone into a career.
• Building a network: Through a working student contract, students have the chance to build a professional network and make valuable contacts that can be beneficial later in their careers.
• Practical application of studies: A working student contract also helps students apply their theoretical knowledge from their studies to real-world scenarios, allowing them to deepen and practice what they have learned.

What are the benefits of a working student contract from the employer's perspective?

A working student contract also offers several advantages for employers:

1. Early talent retention: Through a working student contract, an employer can attract and retain young talent early on, potentially building a long-term working relationship. If the working student is later hired for a full-time position, the onboarding process is often shorter because they are already familiar with the company's operations and processes.
2. Lower costs: Working students are generally less expensive compared to full-time employees, as they typically earn less and are exempt from paying social security contributions due to their limited working hours.
3. Flexibility: Working student contracts are usually very flexible when it comes to working hours. Employers can adjust the student's schedule around their university commitments, allowing the company to meet higher workforce demands during peak periods.
4. Potential for future employment: If the employer is satisfied with the working student's performance, there is the opportunity to offer them a permanent position after graduation. A working student contract can be a great way to get to know potential future employees early on.
5. Fresh ideas and innovation: Working students often bring new perspectives and innovative ideas to the company. With their knowledge of the latest technologies and trends, they can contribute valuable insights and help drive innovation within the organization.

Overall, a working student contract offers several advantages for employers, helping them to retain talent, reduce costs, and foster innovation within the company—Working student contract benefits for employers & employees (Guide 2023).

What are the benefits of a working student contract from the employee's perspective?

A working student contract offers several advantages for employees:

1. Gaining work experience: A working student contract allows students to gain their first professional experience during their studies, enabling them to build connections early on and acquire important skills.
2. Flexibility: Working student contracts are usually very flexible when it comes to working hours. Employers typically consider students' needs and allow adjustments in working hours based on their class schedule.
3. Financial support: A working student contract provides the opportunity to earn money while studying, which can help financially support the student's education.
4. Career opportunities: If the employer is satisfied with the working student’s performance, there may be an opportunity for a permanent position after graduation. A working student contract can therefore be a stepping stone into a future career.
5. Building a network: Through a working student contract, students have the chance to build a professional network and make valuable connections that could benefit them in their future career.
6. Practical application of studies: A working student contract also helps students apply their theoretical knowledge from their studies in real-world situations, allowing them to deepen and practice what they’ve learned.

Overall, a working student contract provides many advantages for employees, positively impacting their career development and academic journey.

Working Student Contract Template

(When using this template, it is important to check which contract provisions should be adopted. Adjustments and additions may be necessary.)


Between
____________________________________________
(Name and address of the employer)

hereinafter referred to as "Employer" -
(If applicable, represented by ____________________________________)
and
Mr./Ms. ____________________________________________
(Residential address of the working student)

hereinafter referred to as "Employee" -
The following employment contract is concluded:


§ 1 Start and End of the Employment Relationship
The employment relationship begins on ________. It is concluded for an indefinite period. The first three months are considered a probationary period. During the probationary period, the employment relationship may be terminated by either party with two weeks' notice.

or for a fixed-term contract:

This contract is concluded for a probationary period of six months (or: three months) from ________ to ________. After the probationary period, the employment relationship will end without the need for termination unless an extension of employment is agreed upon. During the probationary period, the employment relationship may be terminated with two weeks' notice, regardless of the right to terminate without notice.

§ 2 Status as a Working Student
This employment relationship is conditional upon the employee being enrolled as a full-time student and not having completed their final examination. The employee confirms this status and agrees to notify the employer immediately of any changes in their academic status.

Additionally, to maintain the working student status, the employee agrees to work a maximum of 20 hours per week during the study period. This can be increased to up to 40 hours per week during semester breaks (see § 5 Working Hours).

§ 3 Role
The employee is hired as _________________________ and will primarily be engaged in the following tasks:

_____________________________________________________________________________
(Tasks should not be overly restrictive to avoid requiring the employee's consent for changes or risking the need for a justified termination.)

The employee also agrees to perform other reasonable tasks, including at a different location, provided they align with their qualifications and abilities without resulting in a pay reduction.

§ 4 Compensation
The employee will receive a monthly gross salary of ______ Euro or an hourly wage of ______ Euro.

Any additional payments made by the employer are voluntary and do not constitute a legal claim for future payments, even if paid multiple times without reservation. There is no entitlement to benefits for periods when the employment relationship is suspended, such as during parental leave, military service, or unpaid leave. Bonuses are only paid if the employment relationship is neither terminated nor has been given notice on the payout date.

§ 5 Working Hours
The regular weekly working time is a maximum of 20 hours. Start and end times are based on company schedules.

During semester breaks, the working hours can be increased to up to 40 hours per week by mutual agreement.

§ 6 Vacation
The employee is entitled to the statutory minimum of 20 days of vacation per calendar year, based on a five-day working week.

Additionally, the employer grants __ extra contractual vacation days. Statutory vacation is taken first.

If the employee works fewer than five days a week, their vacation entitlement will be adjusted accordingly (e.g., a 3-day workweek entitles the employee to 12 vacation days).

Vacation pay is based on the average earnings of the last 13 weeks. Additional details and examples are provided in the Working Student Contract Template.

The extra vacation entitlement will be reduced by 1/12 for each full month where the employee is not entitled to pay (e.g., due to unpaid leave). The statutory vacation entitlement carries over but expires 15 months after the vacation year if not used due to illness.

Upon termination of employment, remaining vacation days should be taken during the notice period if possible.

§ 7 Company Holidays (optional)
The employee agrees to take part of their vacation during company holidays (typically from December 27 to 31).


§ 8 Illness
In the event of illness, the employee is entitled to continued payment for up to six weeks, according to legal requirements. The employer must be notified of the illness immediately. If the illness lasts more than three days, a medical certificate must be provided by the fourth day. The employer may request the certificate earlier if deemed necessary.


§ 10 Side Jobs
Any paid or work-affecting side jobs must be approved by the employer.

§ 11 Penalty Clause
If the employee fails to start the job or terminates the contract without notice, they agree to pay the employer a penalty of half a month's gross salary during the probationary period and one month's salary after the probationary period. The employer reserves the right to claim further damages.


§ 12 Termination
After the probationary period, the notice period is four weeks to the 15th or end of the month. Any statutory extension in favor of the employee also applies to the employer. Termination must be in writing.

The employer has the right to release the employee from work during the notice period, with the remaining vacation days and overtime considered.

§ 13 Expiry/Exclusion Periods
Claims from the employment relationship must be submitted in writing within three months (or: six months) after they become due and filed in court within another three months after denial by the other party. Otherwise, they expire.

§ 14 Additional Agreements
_____________________________________________________________________________

§ 15 Amendments and Additional Agreements
Changes, additions, and side agreements must be in writing, including any agreement to waive the written form requirement.

If individual provisions of this contract are or become invalid, the validity of the rest of the contract shall remain unaffected.

The employee agrees to immediately inform the employer of any changes in personal circumstances, such as marital status, number of children, or address.

Place, Date: _________________________

Employer Signature: _________________________

Employee Signature: ________________________

Wie schreibt man eine Kündigung Werkstudent?

A resignation as a working student should be written clearly and concisely. The following points should be considered:

Eine Kündigung als Werkstudent sollte schriftlich und eindeutig formuliert werden. Dabei sollten folgende Punkte berücksichtigt werden:

1. Introduction: Start with a polite introduction, mentioning the company and department you are working in. Also, specify the date on which you are submitting the resignation.A Werkstudentenvertrag (student employment contract) is a special form of employment contract for students working alongside their studies.
2. Reason for resignation: Briefly state the reason for your resignation, for example, if you plan to take up another job or are finishing your studies. It is not necessary to go into too much detail.
3. Notice period: Include the notice period specified in your working student contract. If none is specified, the statutory notice period of four weeks to the end of the month applies.
4. Farewell words: Thank the employer for the opportunity to work as a working student and mention that you enjoyed the collaboration. Wish the company and your colleagues all the best for the future.
5. Name and signature: End the resignation letter with your full name and signature.Terminating a student employment contract: Step-by-step explained & sample template.

An example of a resignation letter as a working student:

Dear Sir or Madam,

I hereby resign from my position as a working student in your company, effective [date], due to [reason for resignation, e.g., taking up a full-time position].

Please send me a confirmation of my resignation.

I would like to take this opportunity to thank you for the chance to work as a working student in your company. I truly enjoyed my time in your department.

Sincerely,
[Name]
[Signature]

Tips for Working Students:

1. Set priorities: It's important to find a balance between work and studies, setting priorities to manage the workload effectively.
2. Open communication with the employer: Regularly discussing work hours, vacation entitlements, and other concerns with your employer is crucial for a smooth working relationship.
3. Build a network: As a working student, you have the opportunity to establish valuable contacts within the company, which can be helpful for future job searches or career planning.
4. Take initiative: Don’t hesitate to take responsibility and show initiative to demonstrate your dedication and motivation.
5. Be open to learning: Working students can gain valuable professional experience and learn from experienced colleagues, so stay open to new tasks and challenges.
6. Self-organization: Balancing work and study requires good time management and self-organization skills.
7. Keep an eye on career opportunities: A working student contract can be a stepping stone for long-term employment. Therefore, be aware of career prospects and don’t hesitate to inquire about them.