Working Student Privilege and Short-Term Employment
To take advantage of the working student privilege (Werkstudentenprivileg), students must meet specific requirements. Only properly enrolled full-time students at state-recognized universities who have not exceeded their 25th subject semester can obtain "working student" status. This status generally offers social security benefits for both employers and students, as working students are exempt from contributions to certain branches of social security (e.g., health, long-term care, and unemployment insurance).
However, according to social security law, certain groups of people are not considered "regular students" and therefore cannot be employed as working students. These include:
PhD and Doctoral Students: Students in a doctoral program are not considered regularly enrolled students under social security law. Their primary activity is viewed as research, and they are generally subject to full social security contributions.
Dual Study Programs: Since dual studies combine vocational training with academic content, the work is considered primary employment rather than a secondary student job.
Preparatory Semesters: Students in a preparatory semester or "Studienkolleg" do not meet the criteria, as they are not yet officially enrolled in a regular degree program.
Part-time Students: It is generally assumed that the degree is not their primary activity.
Leave of Absence (Urlaubssemester): During a leave of absence, students do not actively participate in university operations and are therefore not considered regular students for social security purposes.
Exception for Part-time Students
In certain cases, part-time students may still receive working student status. However, it must be proven that the studies account for more than half of a full-time workload, ensuring that the degree remains the primary activity. Written confirmation from the health insurance provider may be required for this.
Alternative: Short-Term Employment (Kurzfristige Beschäftigung)
If the criteria for working student status are not met, short-term employment is often a viable option.
Time Limit: This applies if the employment is limited to a maximum of 3 months or 70 working days per calendar year.
Social Security Exemption: In this case, the employment is completely exempt from social security contributions, regardless of weekly working hours or income, provided the work is not performed "professionally" (for students, it is usually assumed that their studies are their primary "profession").
Flexibility: This is particularly attractive for students who wish to work full-time during semester breaks or those who have exceeded the 25-semester limit.
Summary: Students should carefully check their status. While the working student privilege is ideal for long-term part-time work, short-term employment offers an excellent option for time-limited assignments (e.g., holiday jobs) without hourly restrictions.