To be able to take advantage of the student employee privilege, students must meet certain requirements.
Only properly enrolled full-time students at state-recognized universities who have not exceeded their 25th semester can obtain the status of a student employee.
This status generally brings social security benefits for both employers and students, as student employees are exempt from contributions in certain social insurance sectors (e.g., health, nursing, and unemployment insurance).
However, there are some groups of people who, according to social security law, do not qualify as 'properly enrolled students' and therefore cannot be employed as student employees.
These include:
- Doctoral candidates: Students who are in a doctoral program are not considered properly enrolled students under social security law. Their main activity is regarded as research, and they are usually subject to social security contributions.
- Dual study programs: Students in a dual study program alternate between phases of academic training and practical work phases. Since the dual study program combines vocational training with academic content, the activity is not considered a secondary employment but rather a primary employment.
- Preparatory semester: Students in a preparatory semester or study college, which is intended to prepare for a full study program, do not meet the conditions for student employment, as they are not officially enrolled in a regular study program yet.
- Part-time students: Generally, part-time students are assumed not to have their studies as their main activity. Since these students complete less than half the time of a full-time study program, their employment may be subject to social security contributions.
- Leave of absence: Students on a leave of absence do not participate in university operations during the duration of their leave and are therefore not considered properly enrolled students. They cannot claim the status of a student employee.
- Exception for part-time students: In certain cases, however, it is possible for part-time students to receive the student employee privilege. It must be demonstrated that the study constitutes more than half of a full-time study program, and thus the study is still considered the main activity. A written confirmation from the health insurance may be required for this. The GKV-Spitzenverband encourages health insurance companies to examine the exact study load in case of doubt and, if necessary, issue a confirmation that the extent of the study exceeds half of the full-time study. With this confirmation, a student billing is possible, and the part-time student can benefit from the social security advantages of the student employee status.
In summary, students seeking student employee status should carefully check their student status and consult their health insurance in case of uncertainties to ensure they meet the requirements for student employment.