Knowledge from A to Z
Your rights and responsibilities
What applies to on-call work, breaks, sick leave, wages and holiday? Here you will find the most important rules for your Student Staff employment at a glance.
The entries reflect general employment law and do not replace individual advice. For specific questions or problems contact us.
Your employer must give you notice in good time of when you are needed. You do not have to take on a shift that has not been announced to you at least four days in advance. A telephone call with you is sufficient as notification, as is a notice on the usual duty roster at the workplace (provided you are at the workplace four days or longer beforehand and could find it there). If you are properly scheduled for a shift, you must come and work. You must then also be paid – even if your employer suddenly realises (or a day beforehand) that they do not need you after all or only need you for a shorter period. If your employer asks you at shorter notice than four days in advance and you agree (which you do not have to), then both sides are bound by this agreement.
Regardless of which working hours are specified in your employment contract, there are statutory restrictions on daily and weekly working time. A maximum of 8 hours (plus break time) may be worked per day. In exceptional cases – but not permanently – daily working time can be 10 hours. Working time naturally includes all activities you regularly perform for your employer, such as cashing up, documentation at the end of the working day, or putting on and taking off prescribed safety or work clothing, provided the clothing is so conspicuous or impractical that it does not need to be worn on the way to work.
Anyone who works continuously will eventually struggle to concentrate. That is why the law requires at least 15 minutes' break after 6 hours of work – as an obligation for both employees and employers alike. Those working 6 to 9 hours must take a total of 30 minutes' break within that time (if they wish). Those working more than 9 hours must take 45 minutes' break.
Breaks are not paid, and you should not spend them at your workplace. You are free to use them as you wish, and can usually even leave the premises. And: breaks are not standby time: your employer cannot call you back during this time.
If there is less work to do, you must still be paid for the agreed time, as long as you are fundamentally offering your labour. Your employer cannot simply impose minus hours on you, i.e. demand that you make up "missed" working time later. Section 615 of the German Civil Code (BGB) applies here, under which your employer is in default of acceptance if they do not accept your labour offered in accordance with the agreement, i.e. do not employ you. You can then "demand the agreed remuneration for the services not performed as a result of the default, without being obliged to make up the work".
You have a legal entitlement to up to six weeks' full wage continuation from your employer. After that, the health insurance fund normally steps in with sickness benefit and pays 70 per cent of your usual wage – however, this does not apply to students in statutory family insurance, student health insurance and voluntary insurance without sickness benefit entitlement. Sick notes, even if they occur more frequently or last longer, are in most cases not a valid reason for dismissal.
Therefore: if you are ill, stay in bed and claim your wage continuation.
You are entitled to regular wage payments at the agreed amount. Payments at irregular intervals are not permitted.
Wages below the statutory minimum wage are also not permitted. Since 1 January 2026 it is €13.90 gross per hour and rises on 1 January 2027 to €14.60 (Source: Federal Ministry for Labour and Social Affairs). With a collective agreement for student staff considerably higher hourly wages can result.
The wage agreed between your employer and you is generally the gross wage. Depending on what type of employment relationship you enter into, taxes and social security contributions may be deducted from it. What remains is the net wage, which is transferred to your account.
After six months of employment, you are entitled to the full year's holiday entitlement. That is at least four weeks per year (§ 3 BUrlG). So you could take four weeks' holiday after six months of work. Before that, you only have a pro-rata entitlement: after one month 1/12 of the entitlement, after 2 months 2/12, and so on. The continuation of your salary during irregular working hours is generally based on what you worked on average in the 13 weeks preceding your holiday.
On a public holiday, you do not have to work in most professions, but you still have a right to wage payments. These are of course only available if you normally work on the day of the week on which the public holiday falls. The public holiday must be the sole reason for the loss of work and thus loss of wages.
Anyone who works flexible days in part-time or on-call work may in individual cases receive nothing if the reason for the loss of work is not based on a public holiday. However, your employer must not deliberately deploy you in such a way that public holidays are always circumvented.
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