Working student working hours - What you need to consider

Recording working hours: particularly important for students

The recording of working hours for working students is essentially based on the general legal requirements. In addition, employers must observe the specific regulations for working students, such as the limit of 20 hours during the lecture period. This serves not only to comply with legal requirements, but also to protect students so that they do not neglect their studies. Examinations regularly go in exactly this direction, especially if hourly rates are agreed that are above average.

Basic requirements

• Working time recording system: Employers are obliged to record the working hours of their employees. This can be done using digital time recording systems, time clocks or handwritten timesheets. It is important that the recording is complete, traceable and compliant with the law. With digital time recording from Sawayo, you are on the safe side.
• Documentation: The working hours must be documented precisely, including the start, end and break times of the daily working hours. This also serves as proof of compliance with the regulations specific to working students.

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Specific requirements for working students

• 20-hour rule: During the lecture period, working students may not work more than 20 hours per week. The recording and documentation of working hours must clearly show this.
• Full-time employment during the semester break: Working students are also allowed to work full-time during semester breaks. Here too, there must be a comprehensible system for recording student employees' time in order to document compliance with this regulation.

Examples and use cases

• Calculation of hours: Suppose a working student works 22 hours in a week, which exceeds the 20-hour limit. In this case, the overtime could be posted to a working time account to be offset in another week in which less than 20 hours are worked. This must be done in accordance with the statutory provisions and taking into account the maximum permitted working hours.
• Example working time account: A working student regularly works 18 hours per week. During the examination period, he reduces his working hours to 10 hours per week. The difference of 8 hours per week could be collected in a working time account and reduced during the semester break, as long as the total working hours do not exceed the statutory maximum limits.

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Notes on implementation

• Flexibility and planning: Working time accounts offer an opportunity to organize working hours flexibly and adapt them to the course of study. The exact handling should be transparently communicated and agreed between the employer and the working student.
• Legal framework: The establishment of working time accounts and the offsetting of hours must comply with the applicable legal provisions, in particular the Working Hours Act (ArbZG) and the provisions on student employment.
• Accuracy and monitoring: Employers must ensure that working hours are recorded correctly and monitored regularly. Exceeding the working time limits must be avoided in order to rule out legal consequences. In the event of ambiguities or regular overruns, proactive action should be taken, for example by adjusting the working hours or advising the working student.

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The use of working time accounts and precise documentation of working hours can both support flexibility during studies and comply with legal requirements. It is important that both employers and working students are aware of the requirements and possibilities and implement them accordingly.