A Werkstudent (working student) is an enrolled student in regular dependent employment. Thanks to the Werkstudentenprivileg they are exempt from health, long-term care and unemployment insurance but remain liable for pension insurance. The privilege depends on the 20-hour limit during lecture periods; in labor-law terms it is a full employment relationship with leave, minimum wage and sick pay.
At a glance
- Requirement: a properly enrolled student for whom studying remains the primary activity (Werkstudentenprivileg)
- Exempt from health, long-term care and unemployment insurance; pension insurance contributions are still due, regardless of pay (SGB IV)
- The 20-hour limit during lecture periods: working more than 20 hours a week on a regular basis forfeits the privilege
- During semester breaks more hours, even full-time, are possible without losing the privilege
- If the 20-hour limit is exceeded for more than 26 weeks (182 calendar days) a year, the privilege falls away and normal contribution rules apply
- In labor-law terms a full employment relationship: paid leave (BUrlG), minimum wage (MiLoG) and continued pay when sick (EntgFG)
Werkstudent vs. Minijob and Praktikum
Unlike a Minijob, a Werkstudent role has no fixed pay ceiling; what matters is working time, not earnings. A Werkstudent can therefore earn considerably more than a Minijobber and still stay exempt from health, care and unemployment contributions. Unlike a mandatory Praktikum (internship), the role need not be part of the study regulations and is paid at normal rates.
FAQ
What happens if someone regularly works more than 20 hours?
If regular working time during lecture periods exceeds 20 hours, the Werkstudentenprivileg falls away and the job becomes subject to social security in all branches. Short-term exceptions — for example during semester breaks or in evening and night hours — are harmless as long as they stay under the 26-week limit.
Does the statutory minimum wage apply to Werkstudenten?
Yes. Werkstudenten are ordinary employees and are entitled to at least the statutory minimum wage under the MiLoG. Exceptions apply only to certain mandatory internships, not to working-student roles.
Do Werkstudenten get paid leave and sick pay?
Yes. The general labor-law entitlements apply: paid leave under the BUrlG (pro-rated for part-time) and continued pay in case of illness under the EntgFG.
Does the pay count toward the student's later pension?
Yes. Because Werkstudenten are subject to pension insurance, contributions are paid and the employment periods count in the statutory pension scheme.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
