WissZeitVG. for the effectiveness of fixed-term employment contracts with student assistants in universities in accordance with

For fixed-term employment contracts of academic staff at universities and other higher education institutions, in addition to the general fixed-term rules for employment contracts in accordance with the Part-time and Temporary Employment Act (TzBfG), there are separate rules for the Academic Contracts Act (WissZeitVG). . The longer timeframes that are possible thereafter are intended to meet the special need for flexibility in science and research. Special fixed-term rules apply not only to the employment contracts of academic staff, but also to student assistants when they perform academic ancillary activities. The Federal Labor Court (BAG) in a decision dated June 30, 2021 (Az. 7 AZR 245/20) explained in more detail when a scientific auxiliary activity is to be accepted.

The student was entrusted with the technical support of other facilities in the central IT service area of ​​the University

In the case in which BAG’s decision is based, a computer science student, in addition to her studies, also worked as an assistant in the university’s central IT services sector. His functions included providing technical assistance and support to university educational institutions in the operation of virtual learning platforms and in the access and use of digital media and technologies.

His employment was based on several fixed-term employment contracts over a period of 6 years. Your deadline should end on April 30, 2018. When the university did not want to extend the employment contract further, the student complained that the deadline was ineffective. Your suit was upheld in all respects.

Bag: 6 Scientific supporting activity within the meaning of WissZeitVG requires that the scientific work of others be directly supported in research and teaching

6 sentence 1 According to WissZeitVG, fixed-term employment contracts for the provision of scientific or artistic auxiliary work with students are allowed for a total of 6 years; A fixed-term employment contract can also be extended within a permitted fixed period (Section 6 Sentence 2 WissZeitVG).

The first requirement for a time limit is that a scientific auxiliary activity is present. In the opinion of the 7th Senate of the BAG, WissZeitVG an auxiliary scientific activity within the meaning of sentence 6 requires that Directly supports the scientific work of others in research and teaching Will.

However, according to her area of ​​responsibility, the plaintiff was not required to provide any scientific supporting activity because she did not directly support others in scientific research and teaching. The IT services sector in which the plaintiff was employed could not be assigned to a specific educational institution in the university, but a central institution that supported other institutions. In terms of material, the activities of the plaintiff also had nothing to do with the scientific work of the individual departments; Essentially it was about technical support from different departments.

Due to the lack of scientific assistant activity, the privileged deadline pursuant to 6 WissZeitVG of the employment contract was ineffective.

Conclusion for the exercise: Universities and higher education institutions are advised to differentiate precisely according to the content of the activity when it comes to fixed-term employment contracts with student assistants. Only if the student’s activity can be assigned to a specific subject area and also supports academic work in terms of content, can the privileged and prolonged fixed-term provisions of the Academic Contract Act be used. On the other hand, if it is a question of works that do not serve the actual scientific purpose of the department, a time limit would be possible only as per the general rules of the Part-time and Temporary Employment Act.

I have the pleasure of advising university institutions, academic staff and student assistants on all aspects of fixed-term contracts pursuant to the Science Time Contract Act. For more information please visit my homepage: www.arbeitsrecht-arif.de