Staff Council

Is it legal to cap overtime?

We think: No. The German Federal Labor Court (Bundesarbeitsgericht - BAG) has ruled on several occasions that limiting overtime is not permissible if:

• the employee does not have sovereign control over his (working) time, and
• the employee cannot freely determine the reduction of overtime (compensatory time off).

The BAG justifies its decision by stating that the employee has performed this work and therefore has an obligation to pay. If the overtime hours were simply canceled, the employee would have worked those hours without compensation. This case law also applies if a service agreement provides for such a cap.

What is the legal basis?

The Occupational Health and Safety Act (ArbSchG) applies. It states, among other things: "The employer is obliged to take the necessary measures for occupational safety and health, taking into account the circumstances that affect the safety and health of employees at work".

Therefore, VDU eyewear falls under the occupational health and safety that all business owners are required to follow under the Occupational Health and Safety Act.

Basically, it doesn't matter if employees already wear glasses in their personal lives: As soon as it becomes apparent that the work is too strenuous for the eyes, the employees concerned are entitled under the Occupational Health and Safety Act to VDU glasses, which are paid for by the employer.

Further information can be found in the "Verordnung über Arbeitsmedizinische Vorsorgemaßnahmen (ArbMedVV)" of the state of Baden-Württemberg.

What do I do if I need computer glasses?

You can find out what steps you need to take in the "Computer Glasses" process in the QM portal. Please note: Costs for an eye examination or eye measurement by an ophthalmologist or optician are not reimbursed.

Under what conditions will I be reimbursed for a new pair of computer glasses?

You can request a new pair of glasses if your last pair is more than two years old or if your prescription has changed by more than one diopter.

How does educational leave work?

Educational leave is paid time off from work for professional or political training or to qualify for certain voluntary activities.

The Baden-Württemberg Educational Leave Act (Bildungsurlaubsgesetz, BzG BW) regulates the types of training for which educational leave can be requested from the employer with continued payment of wages. The conditions for educational leave in connection with volunteer work are described in a legal regulation (VO BzG BW).

Website of the state of Baden-Württemberg on educational leave: http://www.bildungszeit-bw.de

Baden-Württemberg Training Leave Act (BzG BW)

What is the central staff council?

Due to the multi-level administrative structure of the Ministry of Science, Research and the Arts (MWK), the formation of a central staff council is required in addition to the formation of a local staff council. The purpose of this tiered structure is to ensure the seamless participation of elected employee representatives at all administrative levels.

In the business area of the MWK, this administrative structure is generally structured in two levels, so that in the case of procedures and measures, a relatively short procedural path is usually specified.

The central staff council has, among others, the following important tasks:

• Ministerial meetings. The HPR meets regularly with the Minister of the Ministry of Science, Research and the Arts (MWK).
• Framework Service Agreements. The HPR enters into framework service agreements with the MWK, which also apply to us.
• Step-by-step procedure. Together with the MWK, the HPR conducts step-by-step procedures in which, among other things, personnel matters, including those of our university, can be dealt with.
• Arbitration Board. The HPR sends members to the arbitration board if the HPR and the MWK cannot reach an agreement.

What does the central staff council do?

In principle, the central staff council is responsible for all co-determination and participation procedures that are submitted to the MWK as the highest authority within the framework of representation procedures. This applies to participation-relevant measures for which the local staff council has refused to give its consent or for which no agreement could be reached locally.

Furthermore, according to § 85 LPVG, the central staff council is to be involved in all matters of the MWK and, if applicable, of the Prime Minister or other supreme service authorities that have an impact on subordinate institutions in the area of responsibility of the MWK.

How is the central staff council formed?

The central staff council is elected from among the employees by the employees of the institutions assigned to the MWK.

How is the special annual payment calculated?

The annual special payment for employees is governed by §20 TV-L. The amount of the special annual payment is calculated on the basis of earnings in the months of July, August and September. The calculation is based on the average of these months.

What is the job bike?

The collective agreement (TV) on bicycle leasing came into force on 01.01.2023. Since then, all employees in the state of Baden-Württemberg have been able to lease a bicycle as a tax- and duty-free deferred compensation, if their employer offers them the option. A similar option already exists for civil servants in Baden-Württemberg.

What does it depend on if and when the employer offers bicycle leasing?

The employer needs a provider for the leasing model. So they have to hire someone. The state of Baden-Württemberg has so many employees that it cannot award the contract privately, but has to put it out to tender throughout Europe. The state is preparing this tender. But it will take some time to find a provider; perhaps the first leases won't be available until the end of 2023.

Can't it be done more quickly?

Although the State Office for Salaries and Benefits (LBV) already has experience with the process for civil servants and will also be commissioned by the state for employees subject to collective wage agreements, this process cannot be accelerated for employees of the state of Baden-Württemberg.

What is regulated in the TV-Radleasing?

According to TV Radleasing, anyone (with the exception of trainees, students, interns, dual students and marginal part-time employees) who is in an uninterrupted employment relationship can lease a bicycle. An interruption in the (continued) payment of wages, e.g. due to leave of absence, illness, parental or nursing leave, does not affect the leasing contract; the installments must of course continue to be paid.

What else should I consider?

The bike must cost at least €749 (including additional services according to the leasing contract) and no more than €11900: Think carefully about whether the model is worth it for you and do the math: What are you really saving? What would you save if you bought a bike without a leasing contract? Maintenance contract? Insurance? etc.

Disadvantages

It is obligatory to have a maintenance contract and insurance as part of the leasing contract. But not everyone needs them, so the model can be expensive.

The trade unions involved criticize this model in principle because the contributions are taken away from the social insurances. The more employees participate and the higher the conversion rate for expensive bicycles, the harder it is for the social security funds to make up the losses. In addition, there are situations where employees are worse off individually. Since participation in the scheme is voluntary, the unions involved ultimately agreed to it.

What is the JobTicket?

The JobTicket BW is a subsidy from the state (subsidized ticket). The ticket (e.g. D-Ticket) is only available as an annual subscription with monthly payment. The JobTicket BW is offered by the local transport associations as well as by the Deutsche Bahn AG. The JobTicket BW can be designed differently depending on the provider (especially price, transport regulation). In the meantime, it is also possible to apply the Jobticket to the Deutschlandticket.

https://lbv.landbw.de/-/kann-das-geplante-deutschlandticket-job-als-jobticket-bw-bezuschusst-werden-1

https://deutschlandticket.de/

Who can get the JobTicket?

Those directly employed by the state (employment contract or employment relationship with the state of Baden-Württemberg) are eligible for the subsidy. This group of people includes, in particular, employees covered by collective bargaining agreements, civil servants and judges of the state. Employees and civil servants of municipalities or institutions with their own employer status (e.g. subsidiaries of the state) are generally not eligible. As a rule of thumb, anyone who receives their pay slip or salary notification from the LBV is eligible for the subsidy.

Since when has the subsidy been paid?

The state has been paying a subsidy for the JobTicket BW upon application since January 1, 2016. The prerequisite for payment of the subsidy is the purchase of a JobTicket BW. The subsidy must be applied for at your pay or salary paying office, i.e. usually at the Landesamt für Besoldung und Versorgung (LBV). Please note that the subsidy is applied for differently depending on the ordering procedure (see: How can I order the JobTicket BW?).

Please refrain from informal applications for a subsidy, as informal applications cannot be processed.

How much is the subsidy and how do I receive it?

The subsidy for the JobTicket BW is up to 25 euros per month (max. actual costs JobTicket BW). It is paid out with the current remuneration or salary. This means for the Deutschlandticket in combination with the Jobticket (D-Ticket-Job) that currently the total costs per month ((49 € -5%) - 25 €) amount to 21,55 €.

How can I order the JobTicket?

Depending on the transport association, there are currently still different procedures for ordering the JobTicketBW: The online procedure and the offline procedure.

Online procedure: The JobTicket BW is available online from many associations and transport companies, e.g.:

• Deutsche Bahn (for cross-network train connections).
• Donau-Iller-Nahverkehrsverbund-GmbH (DING)
• Transport and tariff association Stuttgart GmbH (VVS)
• Pforzheim-Enzkreis Transport Association GmbH (VPE)
• Karlsruhe public transport association (KVV)

The order is placed via the customer portal of the Landesamt für Besoldung und Versorgung (LBV). To be reached at: https://lbv.landbw.de/kundenportal/. To log in, the personnel number is required.

Unfortunately, it is currently not yet possible to select the Deutschlandticket at the corresponding website of the railroad, here you can either use the offline procedure or select another network (e.g. DING).

Please note that in the customer portal, after selecting the transport association, you will be redirected to its order page. If any questions or disruptions arise during the ordering process, please contact the responsible transport association. With the online procedure, the subsidy is automatically applied for as well. There is no separate confirmation that the subsidy has been applied for. Once the order has been successfully placed, you will receive an order confirmation from the transport authority.

Why does the order in the online procedure not take place directly via the transport association?

The JobTicket BW is a ticket that only state employees are entitled to purchase. Since only state employees can access the customer portal, your employment with the state is confirmed and you can place the order without requiring additional proof of employment. In addition, ordering through the customer portal makes it easier to apply for the subsidy.

Offline procedure:

With some other transport associations in the state of Baden-Württemberg, the JobTicket BW must currently still be ordered in writing. With the offline procedure, the subsidy is applied for in writing using the form "Application for the subsidy for the JobTicket BW". Both the order form for the JobTicket BW and the application for the subsidy for the JobTicket BW are available for download on the homepage of the LBV. You can access them at: lbv.landbw.de/ - Menu item: "JobTicket BW" (Please then select the relevant transport association). Please note the filling out help available.

What does a JobTicket BW cost?

Information on prices, tariff regulations, dispatch or debit dates can be obtained from the relevant transport association or Deutsche Bahn AG.

The Deutschlandticket in combination with the Jobticket (D-Ticket-Job) currently costs 49 € - 5% discount -25 € subsidy from the state of Baden-Württemberg per month ((49 € -5%) - 25 €) 21,55 €.

I already have a job ticket / company ticket. Do I get a subsidy?

No. Only the JobTicket BW is a ticket subsidized by the state. To receive the subsidy, you must change your ticket to the JobTicket BW.

How long are the notice periods?

The notice periods result from §30 and §34 in the collective agreement of the federal states (TV-L). During the probationary period, the employee and the employer may terminate the employment without notice and without stating reasons. The probationary period is generally 6 weeks in the case of a fixed-term appointment and 6 months in the case of an unlimited appointment.

What is a staff council?

Staff councils are the personnel representatives in public institutions, including RWU. The legal basis for the work of all staff councils in Baden-Württemberg is the Baden-Württemberg State Staff Representation Act (LPVG-BW). The members of the staff council are regularly elected every 5 years by the employees to be represented and from their ranks.

Who does the staff council represent?

The Staff Council represents all employees from the group of salaried employees, civil servants and academic staff. This does not include professors, lecturers and guest lecturers.

What are the tasks of the Staff Council?

The most important tasks include

• Monitoring compliance with the laws that apply in favor of employees,
• ordinances, collective bargaining agreements, service agreements and administrative directives,
• examining suggestions and complaints from employees, and
• making motions and suggestions that serve the department and its employees.

What rights does the staff council have?

For the representation of employees, the legislator has given the staff councils certain co-determination, participation and hearing rights in the Baden-Württemberg State Staff Representation Act (LPVG-BW). These rights apply, for example, to

• hiring, grouping, transfers, reassignments and dismissals
• Changes to the employment contract, ancillary agreements to the employment contract
• More than temporary transfer of an activity that corresponds to the job characteristics of a higher or lower remuneration or wage group
• Refusal or revocation of secondary employment
• Continued employment beyond the age limit
• Planning, design and modification of workplaces and work organization; determination of work content and scope of work
• Modification of job descriptions
• Working time regulations
• Establishment of vacation schedules
• Measures for the prevention of service and work accidents, occupational diseases and other damage to health
• Selection of participants in training courses

Can I continue to work after reaching the standard retirement age?

In this case, §33 of the collective agreement of the federal states (TV-L) must be observed. It states:

(1) The employment relationship shall end without notice of termination
a) at the end of the month in which the employee reaches the statutory age for reaching the standard retirement age,
...
(2) The employment relationship shall also end at the end of the month in which the notice of a pension insurance institution (pension notice) is delivered, according to which the employee is fully or partially incapacitated for work ...

This means that it is possible, by mutual agreement, to enter into a new contract, but there is no entitlement to this, as the previous employment relationship ends automatically with the entry into retirement.

Please note that it is essential to apply for a pension from the DRV and the VBL in good time.

Collective Agreement of the Federal States (TV-L)

What happens if the staff council and the department do not agree?

If the staff council is unable to reach agreement with the department on the representation of employees' interests, it is possible in certain matters to refer the disputed issue to the so-called "step representation", i.e. to initiate a step procedure. Then a higher-level main staff council negotiates the case directly with the responsible ministry and, in the event of failure to reach agreement in certain cases, can appeal to a conciliation body. However, most problematic cases of interest representation can be clarified "on site" in discussion with the department management.

Under what conditions can or must part-time be granted?

Very briefly: The most important requirements can be found in

• §8 Part-Time and Fixed-term Employment Act (TzBfG): Unlimited without reason
• §9a TzBfG: Limited to at least one and at most five years without reason
• §11 Tarifvertrag der Länder (TV-L): Limited for up to five years with reason

Part-Time and Fixed-Term Employment Act (TzBfG)

Collective Agreement of the Federal States (TV-L)

In detail: There are many things to consider when working part-time. The following is a summary of important points:

Article 6 Basic Law
(1) Marriage and family are under the special protection of the state.
(2) The care and upbringing of children is the natural right of parents and their primary duty. The state community shall supervise their activities.

§ Section 15 Federal Parental Allowance and Parental Leave Act
(4) During parental leave, the employee may not be gainfully employed for more than 30 hours per week on average per month.

Part-Time and Fixed-term Employment Act
§ Section 2 Concept of part-time employee
(1) A part-time employee is an employee whose regular weekly working hours are shorter than those of a comparable full-time employee. (...)
(2) A part-time employee shall also be deemed to be an employee who has a minor
employment pursuant to Section 8 (1) No. 1 of the Fourth Book of the Social Code. (These are the 450EuroKräfte)

§ Section 4 Prohibition of discrimination
(1) A part-time employee may not be treated less favorably than a comparable full-time employee because of part-time work, unless objective reasons justify different treatment. A part-time employee shall be granted remuneration or another divisible payment in kind at least to the extent of the proportion of his/her working hours to the working hours of a comparable full-time employee. (Discrimination possible in the case of overtime pay).

§ 5 Prohibition of discrimination
The employer shall not discriminate against an employee because of the exercise of rights under this Act.

§ 6 Promotion of Part-Time Work
The employer shall enable employees, including those in managerial positions, to work part-time in accordance with this Act. (Promotion also through equality laws of the federal states).

§ 7 Advertisement; information on vacancies
(1) The employer shall advertise a job, which he advertises publicly or within the enterprise, also as a part-time job if the job is suitable for this purpose.
(2) The employer shall inform an employee who has notified him of a desire to change the duration and location of his contractually agreed working hours about corresponding jobs to be filled in the establishment or enterprise.
(3) The employer shall inform the employee representative body about part-time work in the establishment and enterprise, in particular about existing or planned part-time jobs and about the conversion of part-time jobs into full-time jobs or vice versa. The employee representation shall be provided with the necessary documents upon request; (...)

§ 8 Reduction of working hours
(1) An employee whose employment relationship has lasted for more than six months may request that his contractually agreed working hours be reduced.
(2) The employee shall request the reduction of his working hours and the extent of the reduction no later than three months prior to its commencement. In doing so, he shall specify the desired distribution of working hours.
(3) The employer shall discuss the desired reduction in working hours with the employee with the aim of reaching an agreement. He shall reach an agreement with the employee on the distribution of working time to be determined by him.
(4) The employer shall agree to the reduction of working time and determine its distribution in accordance with the employee's wishes, unless there are operational reasons to the contrary.
An operational reason shall be deemed to exist in particular if the reduction of working hours significantly impairs the organization, workflow or safety in the enterprise or causes disproportionate costs. (...)

(5) The employer shall notify the employee in writing of the decision on the reduction of working time and its distribution no later than one month before the desired start of the reduction. (In case of disagreement on reduction and/or distribution of working time, the employee's request shall be deemed to be implemented if the employer misses the 1-month deadline. The employer may again change the distribution of working time in its favor within another 1-month period, if necessary).
(6) The employee may request a new reduction of the working time at the earliest after the expiry of two years after the employer has agreed to a reduction or has justifiably refused it.
(7) (...)

§ 9 Extension of working time
The employer shall give preference to a part-time employee who has notified him of his wish to extend his contractually agreed working hours when filling a corresponding vacant position, provided that he is equally qualified, unless there are urgent operational reasons or working time requests of other part-time employees which conflict with this.

§ Section 9a Temporary Reduction of Working Hours
(1) An employee whose employment relationship has lasted longer than six months may request that his contractually agreed working hours be reduced for a period to be determined in advance. The requested period shall be at least one year and not more than five years. The employee shall be entitled to a temporary reduction of working hours only if the employer usually employs more than 45 employees.
(2) The employer may refuse the employee's request for a reduction in working hours if there are operational reasons to the contrary; Section 8 (4) shall apply mutatis mutandis. An employer who usually employs more than 45 but not more than 200 employees may also refuse an employee's request if, at the time of the requested commencement of the reduced working hours, in the case of a number of employees which is usually

1. more than 45 to 60 already at least four,
2. more than 60 to 75 already at least five,
3. more than 75 to 90 already at least six,
4. more than 90 to 105 already at least seven,
5. more than 105 to 120 already at least eight,
6. more than 120 to 135 already at least nine,
7. more than 135 to 150 already at least ten,
8. more than 150 to 165 already at least eleven,
9. more than 165 to 180 already at least twelve,
10. more than 180 to 195 already at least 13,
11. more than 195 to 200 already at least 14

other employees have reduced their working hours in accordance with paragraph 1.

(3) In all other respects, Section 8 (2) to (5) shall apply to the extent of the reduction in working time and to the desired distribution of working time. Section 8 (2) first sentence, (3) first sentence, (4) and (5) first and second sentences shall apply mutatis mutandis to the requested period of the reduction in working time.
(4) For the duration of the temporary reduction of working hours, the employee may not request any further reduction or extension of his working hours under this Act; Section 9 shall not apply.
(5) An employee who has returned to his original contractually agreed working hours after a temporary reduction in working hours under subsection (1) may request a renewed reduction in working hours under this Act no earlier than one year after returning to the original working hours. Section 8(6) shall apply mutatis mutandis to a renewed request for a reduction in working hours following a justified refusal on the basis of conflicting operational reasons in accordance with subsection (2) sentence 1. After justified rejection on the basis of the reasonableness provision in accordance with subsection (2) sentence 2, the employee may again request a reduction in working hours at the earliest one year after the rejection.
(6) Notwithstanding subsection (1) sentence 2, the framework for the period of reduction of working hours may also be determined to the disadvantage of the employee by collective agreement.
(7) Persons undergoing vocational training shall not be included in the number of employees pursuant to subsection (1) sentence 3 and subsection (2).
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§ Section 10 Training and further training
The employer shall ensure that part-time employees are also able to participate in training and further training measures to promote professional development and mobility, unless there are urgent operational reasons or training and further training wishes of other part-time or full-time employees to the contrary.

§ 11 Prohibition of dismissal
The termination of an employment relationship because of the refusal of an
employee to switch from full-time to part-time employment or vice versa shall be invalid.
vice versa, shall be invalid. The right to terminate the
employment relationship for other reasons shall remain unaffected.

§ Section 13 Job Sharing (so-called job sharing)
(1) The employer and the employee may agree that several
employees share the working time at a workplace (job sharing).
(job sharing). If one of these employees is prevented from performing work, the other employees shall be obliged to substitute if they have agreed to the substitution in the individual case. A duty to substitute shall also exist if the employment contract provides for substitution for urgent operational reasons and this is reasonable in the individual case.
(2) If an employee leaves the job sharing arrangement, the termination by the employer of the employment relationship of another employee included in the job sharing arrangement based thereon shall be invalid. This shall not affect the right to terminate the employment relationship for this reason or for other reasons.
(3) Subsections (1) and (2) shall apply mutatis mutandis if groups of employees alternate at certain workplaces in fixed periods of time without there being any job sharing within the meaning of subsection (1).

§ Section 11 TVL Part-Time Employment
Upon request, employees shall be granted a working time which is less than the contractually agreed working time if they have
a) at least one child under the age of 18 or
b) actually look after or care for another relative in need of care according to a medical certificate and urgent official or operational concerns do not prevent this. Part-time employment pursuant to sentence 1 shall be limited upon application to a period of up to 5 years. It may be extended; the application must be submitted no later than 6 months before expiry of the agreed part-time employment. When organizing the working time, the employer shall, within the scope of the
the employer shall take into account the special personal situation of the employee pursuant to sentence 1.
(2) Employees who wish to agree on part-time employment in cases other than those referred to in paragraph 1 may request their employer to discuss the possibility of part-time employment with them with the aim of reaching a corresponding agreement.
(3) If part-time employment without a fixed term has been agreed with former full-time employees at their request, they shall be given preferential consideration when a full-time position is subsequently filled, provided they are equally qualified and within the scope of the service's or the company's possibilities.

How much is the annual vacation entitlement and how does it arise?

According to the German Federal Vacation Act (BUrlG), the statutory vacation entitlement is 20 working days in the case of a 5-day week. However, due to the collective bargaining agreement of the federal states (TV-L), employees in the TV-L collective bargaining area are currently entitled to 30 working days of vacation. If a part-time employee works on individual days of the week, he or she will receive correspondingly less vacation. E.g. a part-time employee with a 3-day week is entitled to 3/5 of 30 days, i.e. 18 working days of vacation.

Federal Vacation Act (BUrlG)

15 popular misconceptions about the Wissenschaftszeitvertragsgesetz (WissZeitVG)

On March 17, 2016, the amended Wissenschaftszeitvertragsgesetz (WissZeitVG) came into force. The legal situation of scientists has improved as a result of the amendment. Implementation of the new WissZeitVG is made more difficult by the fact that numerous misconceptions about the content of the law are circulating and have become stubbornly entrenched at many scientific institutions.

Misconception No. 1: Six-year fixed-term contracts are no longer possible.

According to the new WissZeitVG, the duration of fixed-term employment contracts that serve to promote scientific qualification must be reasonable. If you take a closer look at doctoral and post-doctoral periods, you quickly realize that the time to write a corresponding thesis alone is four to five years. Together with the time required to complete the qualification (disputation and publication), six years is quickly reached. A fixed term of six years is therefore quite reasonable.

Misconception no.2: All fixed-term employment contracts must be counted towards the maximum fixed-term period of six plus six years - regardless of whether they involve academic services in research and teaching or activities with no connection to teaching and research.
teaching and research were performed.

This is not the case. According to the relevant legal commentaries, only those fixed-term employment relationships that fall within the scope of the WissZeitVG, i.e. that are characterized by scientific activities, are counted towards the maximum fixed-term period. Contracts for science support staff in administration, technology and management, on the other hand, are not included.

Misconception No.3: Those who need more than six years for their doctorate can have this deducted from the second six-year maximum fixed-term period after the doctorate.

No, you can't. The maximum fixed-term periods of six years before the doctorate and a further six (in medicine nine) years after the doctorate apply in principle independently of each other. There is only the possibility of extending the second six-year period. This "bonus period" comes about if the time for the doctorate or the fixed-term employment prior to the doctorate together amounted to less than six years: Then the maximum fixed-term period after the doctorate is extended accordingly.

Misconception No. 4: It is no longer possible to have a fixed-term contract as a research assistant if the employment is neither for qualification purposes nor predominantly financed by third-party funds.

This is most obvious in the case of substitute appointments for leaves of absence, maternity leave and parental leave. There are also temporary tasks without a qualification component in teaching or, for example, in setting up a scientific area or a laboratory. These are classic reasons for fixed-term contracts,
for which the Part-Time and Fixed-term Employment Act can be applied.

Misconception no.5: Extensions according to §2 paragraph 5 WissZeitVG can only be granted if no work was done on a qualification goal during the time of the leave of absence or exemption.

False. According to §2 paragraph 5 WissZeitVG, a fixed-term employment relationship that serves the purpose of qualification is automatically extended, with the consent of the employee, by periods of maternity leave and the use of parental leave, a leave of absence or reduction of working hours for care or nursing, a leave of absence for a scientific activity or education, training and continuing education, a leave of absence for the performance of tasks of a personnel or severely handicapped representative or a women's or equal opportunity representative as well as - this is new - an incapacity to work due to illness without entitlement to continued payment. The amendment of the WissZeitVG did not change the systematics of this regulation. It is irrelevant which activities are pursued in detail during the leave of absence or exemption.

Misconception no.6: In order to extend the maximum fixed-term period in the event of caring for one or more children (family policy component) or in the event of the presence of a disability or chronic illness (disability policy component), proof must be provided that the childcare or the disability or illness actually extends the qualification period.

No, such proof is not required. The statutory regulation makes a blanket assumption that childcare or disability or chronic illness influence the qualification process and provides for an extension of the maximum fixed-term period by two years per child or a blanket two years in the case of a disability or chronic illness. However, it is at the employer's discretion whether the fixed-term employment contracts are actually extended accordingly.

Misconception No.7: Any scientific work is aimed at gaining knowledge and thus justifies fixed-term employment that serves the purpose of qualification.

This is not true. Scientific services are the permanent core tasks of scientific staff at universities and research institutions. Even if you "learn something" in the process, this alone cannot be used to justify a fixed-term
be justified. Following previous case law, it can be assumed that employment is only for qualification purposes if there is a defined qualification goal as well as a structured procedure in terms of this qualification goal and the achievement of the qualification goal is certified or documented.

Misconception no.8: Since science support staff may no longer be employed on a fixed-term basis via the WissZeitVG, only fixed-term contracts without a material basis with a maximum duration of two years are still possible.

No, fixed-term contracts with a longer duration are also possible if there is a material reason for them. It is true that administrative and technical staff may no longer be employed on a fixed-term basis in accordance with the WissZeitVG - even if third-party funding is available. However, the Part-Time and Fixed-term Employment Act does permit fixed-term employment within the framework of projects. However, if third-party funding was used to manage permanent tasks with fixed-term employment contracts, this was already an abuse of the legal regulations in the past and will be ruled out in the future for this reason.

Misconception No.9: A qualification goal or sub-project is required for bridging employment.

No, this is not necessary. The Part-Time and Fixed-term Employment Act allows fixed-term employment relationships for such constellations if one of the factual reasons according to §14 of the Act (e.g. §14 Paragraph 1 No.6 - reasons lying in the person of the employee) is given. However, "parking for an indefinite period" in possibly ever new chain employment contracts is not possible.

Misconception No.10: After expiration of the maximum fixed-term period of twelve years, there is a ban on employment at German universities and research institutions.

This is not true. Exhaustion of the maximum fixed-term period of twelve (in medicine 15) years does not prevent further employment at a German university or research institution. Temporary employment that is predominantly financed by third-party funding is just as possible as temporary employment under the Part-Time and Fixed-term Employment Act. And last but not least, permanent employment contracts can of course be concluded - actually the rule under German and European labor law.
European labor law.

Misconception No.11: Qualification takes place outside working hours.

No, on the contrary: qualification is not a private pleasure. In addition to third-party funding, qualification is the basis of the special fixed-term regulations of the WissZeitVG. If fixed-term employment is to be used to promote scientific qualification, appropriate proportions must be provided for qualification within the working time: The qualification must characterize the employment relationship.
Some state university laws stipulate a minimum proportion of working time for qualification.

Misconception No. 12: Third-party funded employment excludes qualification.

This is by no means the case. A clear example of this are the Research Training Groups funded by the German Research Foundation (DFG) or the previous Graduate Schools of the Excellence Initiative. A qualification time limit can also be agreed for other third-party funded employment. The prerequisite for this is that the duration of the fixed-term employment contract is appropriate to the qualification sought.

Misconception no.13: The innovations in the family policy component and the disability policy component newly included in the law can only be applied to new contracts.

Not true. The amended family policy component and the new disability policy component can also be applied to contracts that were already concluded before the WissZeitVG came into force. All employees can thus benefit from the expanded definition of child (inclusion of stepchildren and foster children) as well as from the extended maximum fixed-term period in the case of disabilities and chronic illnesses.

Misconception No.14: Auxiliary contracts during master's studies count towards the maximum fixed-term period of twelve years.

No, this is newly regulated. In the new version of the law, a separation has been made between periods of academic and artistic auxiliary work alongside studies on the one hand and employment for qualification purposes on the other. There is no provision for auxiliary activities to be credited against qualification periods.

Misconception No. 15: All previous auxiliary contracts are counted toward the new maximum term for scientific and artistic auxiliary activities.

No, there is a new start here: auxiliary activities prior to the entry into force of the new WissZeitVG are not counted towards scientific and artistic auxiliary activities according to §6 WissZeitVG.

Scientific Temporary Contracts Act (WissZeitVG)