Can I work for Uber full time?
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First, the employer checks whether there is exemption from social insurance because students want to work on a short-term basis (in accordance with Section 8 (1) No. 2 and Section 115 of the Social Security Code - Book Four). Such employment may last a maximum of three months or 70 working days in a calendar year.
If, on the other hand, students want to have a permanent job alongside their (full-time) studies, their activity is only exempt from social insurance (= so-called working student privilege) if their studies remain the main thing and employment the secondary thing. This is assessed using the 20-hour rule.
If students don't work more than 20 hours a week, they (and the employer) don't pay any additional Contributions to health and long-term care insurance and no contributions to unemployment insurance at all. The amount of monthly income does not matter. However, contributions to the pension insurance must be paid.
Note: Employment as a working student does not entitle you to unemployment benefits. Working students therefore do not receive any short-time work allowance. In addition, entitlement to continued pay in the event of illness ends after a maximum of six weeks. After that, the statutory health insurance does not pay sick pay.
DANGER: All students - regardless of their job - must be insured with a statutory or private health insurance. Within six weeks after the first day of work, the employer registers new student employees with the health insurance company with which the students are insured. The health insurance company must be informed before starting any employment.
The Family insurance through parents only remains with a monthly income of a maximum 470 euros (Status: 2021). The health insurance company will advise you on the individual case.
The Federal Leave Act also applies to working students!
The following paragraphs form the legal basis for the working student regulation:
- Section 27, Paragraph 4, Clause 1, Number 2 of the Social Code - Third Book
- § 6 Paragraph 1 Number 3 of the Social Security Code - Book Five
- Section 1, Paragraph 2, Clause 1 of the Social Security Code - Eleventh Book
- Section 10 (1) number 5 of the Social Security Code - Book Five
- Section 20, Paragraph 1, Clause 2, Number 1 of the Social Code - Eleventh Book
The working student regulation only applies to students who do not spend more than 20 hours during the lecture period per week work. Only then does the study take precedence over the job. This was decided in the judgment of the Federal Social Court of 11.11.2003 - B 12 KR 24/03 R.
DANGER: Several jobs carried out in parallel, for example with different employers - also short-term jobs and mini-jobs - as well as self-employed or volunteers are added together in terms of time!
Note: The university education in the sense of the "working student privilege" ends at the end of the month in which students are officially informed in writing of the overall result of the examination. After that, the "regular student" criterion is no longer met - even if you are still enrolled. Students then become subject to social security contributions like regular employees.
Exceptions to the 20-hour rule
The 20-hour limit can be exceeded:
- During the lecture-free period (semester break) or
- If you work predominantly during the evening and night hours or on the weekend, and not longer than a total of 26 weeks or 182 calendar days in the course of 12 months (not: during a calendar year).
The prerequisite is that the study has priority over the job! Only the health insurance companies decide whether this exception applies.
Working students are subject to income tax. Nevertheless, as a rule, there should be no tax burden. If the remuneration (minus, in particular, employee lump sum, pension lump sum) does not exceed the basic tax allowance (2021: 9,744 euros), the income tax paid can be reclaimed in the following year as part of an income tax assessment.
No working students
- during one Semester on leaveor
- in addition to part-time studies that make up half or less than half of the time of full-time study, or
- in addition to a doctoral degree or
- as participants in dual study programs
take up employment.
The same applies to those who take up employment after graduating from university and also complete an additional course in the same subject or a supplementary course that only for professional development or specialization serves.
BUT: Anyone who takes up a (full-time) second degree in another subject or a (full-time) master’s degree can work as a working student.
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