Werkstudent (working student) employees in Germany are entitled to the same statutory leave as regular employees, calculated proportionally based on their working days per week.

Key Takeaways

  • Werkstudent workers receive full statutory leave entitlement
  • Leave is calculated proportionally based on working days
  • No waiting period for pro-rata entitlement in first year
  • Limited to 20 hours per week during semester
  • Collective agreements may provide additional entitlements

What Is a Werkstudent?

A Werkstudent is a working student in Germany who works alongside their studies. They are limited to 20 hours per week during the semester and can work full-time during semester breaks.

Leave Entitlement for Werkstudent

Statutory Entitlement

  • Section 1-3 BUrlG: Same entitlement as regular employees
  • Minimum: 20 days per year for 5-day week
  • Proportionate: Based on actual working days per week
  • Example: 2-day week = 8 days annual leave

Calculation Method

  • Working days per week: 2 days
  • Annual entitlement: 2 × 4 weeks = 8 days
  • First year: 1/12 per month worked
  • Example started April: 9/12 × 8 = 6 days

First Year Calculation

  • Pro-rata: 1/12 per month worked
  • No waiting period: Like regular employees
  • Example started August: 5/12 × 8 = 3.33 → 4 days
  • Full entitlement: From second year onwards

Special Considerations

Semester Breaks

  • Full-time work permitted during breaks
  • Leave during breaks reduces annual entitlement
  • Planning recommended for exam periods
  • Documentation of working patterns

Exam Periods

  • Leave may be restricted during exams
  • Employer accommodation required
  • Flexible scheduling recommended
  • Advance planning important

Thesis Work

  • Leave for thesis may be negotiated
  • Employer approval required
  • Documentation of agreement
  • Terms specified in contract

Payment for Leave

Holiday Pay

  • Average salary over last 13 weeks
  • Includes regular payments
  • Payment before leave starts
  • Documentation required

Collective Agreement

  • May provide enhanced terms
  • Specific provisions for students
  • Application of most favorable terms
  • Documentation in contract

Employer Obligations

Leave Management

  • Track working days accurately
  • Calculate proportionate entitlement
  • Schedule leave periods
  • Document all decisions

Flexible Arrangements

  • Accommodate study schedule
  • Flexible leave scheduling
  • Exam period considerations
  • Thesis period flexibility

Documentation

  • Employment contract specifies terms
  • Leave records maintained
  • Payment records kept
  • Working pattern documented

Common Scenarios

Scenario 1: Semester-Time Werkstudent

  • Working days: 2 per week during semester
  • Annual entitlement: 8 days
  • First year started October: 3 days
  • Payment: Holiday pay calculated

Scenario 2: Break-Time Werkstudent

  • Working days: 5 per week during break
  • Annual entitlement: 20 days
  • During semester: 2 days per week
  • Calculation: Based on actual pattern

Scenario 3: Thesis Period

  • Situation: Werkstudent writing thesis
  • Leave: Negotiated with employer
  • Terms: Documented in agreement
  • Flexibility: As per arrangement

Compliance Checklist

  • Working pattern documented
  • Pro-rata entitlement calculated
  • Holiday pay calculated correctly
  • Study schedule accommodated
  • Exam periods considered
  • Thesis arrangements documented
  • Employment contract specifies terms
  • Leave records maintained
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