Special legal rules and benefits for employers

Who can become a student worker?

In principle, the exemption from insurance as a working student only applies if the employment does not involve more than 20 hours per week. However, this limit can be increased up to 40 hours per week for a maximum of 26 weeks per year. However, exceeding the time limit must be carried out mainly on weekends, evenings and nights or during the period without lessons (semi-annual holidays).

In the following table we have listed again which characteristics a student worker must have and which are not sufficient for the activity of a student worker.

Facts Student worker?
Enrollment in a university or technical institute in Germany AND
Enrollment in a university or technical institute abroad AND
Training at a state-recognized technical institute AND
Students who have an interval of no more than 1 month during which they are not enrolled in the event of a change of university AND
Part-time students if study takes more than half the time of full-time study AND
Doctoral students who write their thesis before obtaining their master’s degree, diploma or state exam AND
Guest listener NO
Participants in language courses NO
Participants in preparatory or introductory seminars NO
Students on semester break NO
Part-time students if study takes less than half the time of full-time study NO
Long-term students with more than 25 semesters (per degree program) NO
Doctoral students who write their thesis only after having obtained their master’s degree, diploma or state exam NO
Individuals who remain enrolled after graduation NO

What legal rules are the same for student workers and full-time or part-time employees?

Student workers are generally treated like any other employee. The only difference is that its number of hours is more limited and it has one of the features marked «Yes» above.

This means that, like any employee, student workers have the right to:

  • Vacation
  • Continuation of salary payment in case of illness
  • Protection against dismissal
  • Maternity leave, parental leave

How does the student worker differ from other employees?

A big difference in the employment of student workers is the deductions from their salary. The following should be kept in mind here:

  • pension insurance
  • Payroll tax
  • church tax, if applicable
  • health insurance

pension insurance

If students earn more than 538 euros (as of 2024) a mini-job in their student worker job, they have to pay pension insurance. The pension insurance contribution is payable based on your income.

Salaries and ecclesiastical taxes

Unlike pension insurance, the limits for salary and church taxes are lower. Salary and ecclesiastical taxes are deducted from the salary but can be claimed back by the student worker in the tax return if the annual salary is less than the so-called basic tax exemption of €11,604 (starting from 2024).

health insurance

Health insurance as a working student is mandatory. However, working students do not have to pay any additional contributions to health and nursing insurance.

Basically, regarding social insurance, the student worker privilege applies, from which student workers and employers benefit. When employed as student workers, employees are largely excluded from social security, aside from the exceptions mentioned above.

‍Is there an income limit for working students?

No, there is no income limit for student worker jobs. Of course, the minimum hourly wage must be paid. There is no maximum limit, unlike a mini-job. May not exceed the limit of 20 hours per week.

Danger! Exception in family insurance

However, one important aspect should not be underestimated: in compulsory family insurance, students cannot earn more than the salary of a part-time worker. If the student did not opt ​​for student insurance at the start of his studies but remained on his parents’ family insurance, he is not allowed to earn more than 538 euros per month (starting from 2024). If it exceeds this value, it must insure itself – even afterwards!

‍Maintain an overview of the work pattern and maximum working hours using digital tools

To keep track of your employees’ different work relationships and keep an eye on usage and maximum working hours, we recommend clock in as a digital time recording app.

With clockin, your employees can easily record working hours using a mobile app. This is a great advantage, especially in flexible working relationships with the possibility of working from home.

The app also allows you to take into consideration different working time models or contract types. You can set the maximum number of hours stipulated in the employment contract individually for each employer and always have an overview of their workload.

By integrating interfaces with payroll systems, clockin automates invoicing and ensures compliance with all legal regulations, reducing administrative efforts and minimizing errors.

With clockin you can make informed decisions about working hours, costs and project times using real-time analytics and increase the productivity of your company.

 

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