FAQ: Switch-over from student assistant contracts to TV-L employment in the University’s academic support units

As of now, no new student assistant contracts based on the previous model will be concluded in the non-academic organisational units. At the University of Passau, this specifically concerns the following areas and facilities:

• University Library
• Central services and facilities, including the Centre for Media and Communication
• Executive support units
• Administrative divisions
• Faculty administrations (Deans’ Offices)
• Disabilities Officer
• Data Protection Officer
• AlumniClub
• INDIGO
• Hubs

If necessary, individual case reviews must be carried out for these and other bodies to clarify the allocation.

the new contracts will only be concluded in accordance with TV-L. The processing time for recruitment applications is currently at least eight weeks. Responsibility lies with Section VIII/3.

For new hires under TV-L, it must be ensured that the you have not previously been employed by the Free State of Bavaria, as a fixed-term continued employment without good cause is no longer possible in the case of previous employment, e.g. as a student assistant, in accordance with § 14 II 2 TzBfG (part-time and fixed-term contracts act) [German content]. At best, continued employment as a student assistant with an academic auxiliary activity (in German: “SHK mit wissenschaftlicher Hilfstätigkeit”) or a fixed-term TV-L employment for good cause in accordance with § 14 I TzBfG (part-time and fixed-term contracts act) [German content] is possible; however, this requires a detailed justification.

Due to the job situation, it can be assumed that, as a rule, only one fixed-term contract without objective grounds is possible for a maximum of two years. Pursuant to § 30 I 3 TV-L, an employment contract without objective grounds should generally not be shorter than twelve months; the duration of the contract must be at least six months.

Please note: It is not possible to conclude contracts retroactively. This means that employees must not commence work before an employment contract has been signed.

A conversion of current contracts to TV-L contracts is, unfortunately, not possible. Contracts with an end date before or after 1 April 2025 will continue to run unchanged until the contract runs out.

In the case of new hires under TV-L, the University is obligated to ensure that the persons were not previously employed by the Free State of Bavaria. If a fixed-term or open-ended employment at the Free State of Bavaria (including the University of Passau) has previously existed, fixed-term employment without objective grounds is excluded (see § 14 II 2 TzBfG (part-time and fixed-term contracts act) [German content]). This means that someone who has worked, e.g. as a student assistant, in the past cannot continue to be employed for a fixed term without good cause.

Exception: If there are strong, objective grounds why a job requires a fixed-term contract, it is possible – in individual cases – to hire people who were previously employed. In such cases, the hiring organisational unit must provide a detailed written justification for the term limit. This must subsequently be reviewed by Section VIII/3 as the unit responsible.

No. If a previous employment has existed, fixed-term employment without objective grounds is no longer possible, see § 14 II 2 TzBfG (part-time and fixed-term contracts act) [German content].

No. We do not see any possibility of fixed-term employment without good cause under TV-L under the current case law related to the TzBfG (part-time and fixed-term contracts act).

The key point here is whether you have previously been employed by the Free State of Bavaria, such as at a Bavarian university. If that is not the case, employment for a fixed term without objective grounds is possible.

Non-EU citizens can, in principle, be hired provided that the necessary permits (residence permit, work permit, export control check, and if necessary, constitutional protection vetting) can be obtained.

According to § 28 TV-L, it is generally possible to be granted special leave without continued payment of salary if there is good cause. The existence of “good cause” must be evaluated on a case-by-case basis, also taking into account the requirements of the job.

Employment under TV-L in the academic support divisions has no detrimental effects on future employment under the WissZeitVG.

In agreement between the Finance and HR divisions, the following working time models (weekly hours) will be possible for student TV-L employees in future:

4, 6, 8, 10, 12, 14, 16, 18, 20 hours per week

Please enquire with the Human Resources Division if you need a working time model exceeding 20 hours per week. However, these are unlikely to be of interest to most students due to the fact that their earnings then become liable for social security contributions [German content] (this is called Werkstudentenprivileg in German – which is not the case if students work no more than 20 hours per week.

These questions can only be answered conclusively by the hiring authority. The case law of the Bundesverfassungsgericht (federal constitutional court) forms three groups of cases in which the “unreasonableness of the ban on previous employment” can be assumed according to the respective circumstances of a case. This is the case if the previous employment:

• was a very long time in the past
• was of a completely different nature or
• was very short-lived

This is to be assumed, for example, in the case of marginal part-time employment during schooling, university study or Familienzeit, for Werkstudierende and student employees as part of their professional training or in the case of a forced or voluntary interruption of their employment history, which is accompanied by professional reorientation or training and further education (BVerfG 6 June 2018).

On the part of the University of Passau, we merely wish to draw your attention to the issue of previous employment within the meaning of § 14(II)(2) TzBfG; a final decision on this is the responsibility of the hiring authority if the employer is the Free State of Bavaria.

According to § 30(3) sentence 1 TV-L, a fixed-term employment contract without objective reason should generally not be less than twelve months; the term of the contract must be at least six months. This also applies to student TV-L employees.

It should also be noted that, in accordance with sentence 1, second clause of § 14(2) TZBfG, an employment contract with a fixed term is only permitted to be extended three times up to a total duration of two years.

There is no one-size-fits-all answer to this question. In general, a job analysis is carried out by the respective organisational unit in coordination with Section VIII/3 before the job advertisement is published. The pay grade is stated in the advertisement.

Important: It may be necessary to reduce the hours if the hourly wage increases under TV-L. Please remember that you alone are responsible for keeping an eye on your income and the income limit. You can find helpful information on this topic in the Federal Employment Agency's guide [German content], for example.

Please remember that you alone are responsible for keeping an eye on your income and the income limit applicable to you. You can find helpful information on this topic in the Federal Employment Agency's guide [German content], for example.

Yes, students are treated the same way as all other TV-L employees. Among other things, this means that you participate in the electronic time recording system via the BayZeit terminals and that the University's flexitime regulations apply to you. We recommend that you familiarise yourself with the provisions of the service agreement on flexitime [German content].

Yes, if your job allows you to work from home, you can make use of the working-from-home regulation [German content] as permitted by the service agreement. Before you can start working from home, you have to apply and wait for approval.

No, that is not possible.