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German Labor Court Ruling Raises the Bar for Proving Student Worker Dismissals

Kennethcix by Kennethcix
July 15, 2026
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A recent judgment from Germany’s Federal Labor Court (Bundesarbeitsgericht) has thrown a curveball at employers, including those hiring student workers. Issued on 7 May, the ruling declares that sending a termination letter by “Einwurf-Einschreiben” (registered mail with proof of delivery) is no longer a reliable way to prove the employee actually received it. The court found that the postal service’s scanning process only confirms the letter reached the mailbox, not that it was physically slipped inside. Legal experts now recommend delivering such notices in person against a signed receipt or using a courier service.

While the decision affects all employees protected by German dismissal law, it carries particular weight for Werkstudenten (working students), who often juggle multiple short-term contracts. Their employment rights generally match those of part‑time workers: they are entitled to statutory holiday pay and continued salary during illness. If a student falls sick, the employer must keep paying.

Income Thresholds and Working-Hour Limits

Beyond termination paperwork, student workers must navigate strict social insurance rules. During lecture periods, they are limited to 20 hours per week. Exceeding that means losing the “Werkstudent privilege” and triggering mandatory contributions to health, long‑term care, and unemployment insurance. Only during semester breaks can they work longer without losing the exemption. An additional carve‑out exists for short‑term jobs lasting up to three months or 70 working days per year, which remain free from all social insurance contributions.

A separate hurdle concerns family health insurance. In 2026, students covered under a parent’s statutory health plan can earn no more than €565 per month. Anything above that requires them to take out their own policy. On the pension side, if the job goes beyond the short‑term definition, contributions kick in automatically.

The federal government’s Pension Security Commission is currently debating reforms. On 14 July, SPD politician Willingmann argued that any future changes to the so‑called Opt‑out rule for mini‑jobs should keep exemptions for students. Eliminating the exemption, he warned, would shrink their net earnings.

Minimum Wage and Tax Perks

From 2026, the statutory minimum wage for all workers over 18—including student employees—will be €13.90 per hour. It is set to rise to €14.60 in 2027. On the tax side, students benefit from a basic allowance of €12,348 in 2026. Filing a tax return often pays off, because employers deduct wage tax automatically, and many students can reclaim the entire amount.

One common point of confusion: minus hours (Minusstunden). These can only be deducted from pay if the student is at fault. If the employer simply has no work to assign—a case of Annahmeverzug (default in acceptance of services)—the student’s right to full payment remains intact.

Statutory Health Insurance Reform Takes Effect in 2027

A law passed on 10 July—the GKV-Beitragssatzstabilisierungsgesetz—will reshape sick‑leave rules for millions in the public health system, including student workers. Starting in 2027, the law introduces a partial sick‑note option: doctors can certify an inability to work at 25, 50, or 75 percent capacity, but only if the illness lasts longer than four weeks. Employers can object within seven days.

At the same time, telephone sick notes are being abolished. Instead, a medical certificate will be required from the first day of illness. Companies already have the right to demand this if it is stipulated in the employment contract. For students covered by statutory health insurance, these changes become binding in 2027. Mini‑jobbers are explicitly excluded from the partial sick‑note rule.

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Kennethcix

Kennethcix

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