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Material Damage to TU Property

If you damage TU property while completing a task as part of your employment with the University, TU Berlin will assume responsibility for the damage resulting from “slight negligence” on your part. However, in the event of gross negligence or malice, you or your private liability insurance are fully responsible for the damages. If only “moderate negligence” is alleged, you and TU Berlin share responsibility for the damages.

Since the current jurisdiction defines the degree of fault more precisely than laws and each case is an individual case, it is better you ask a lawyer or your liability insurance in case of doubt.

If you damage another TU student’s belongings, you or your private liability insurance are responsible.

Maternity Leave

Period of Protection/Prohibition of Work
The period of protection begins 6 weeks before the expected due date and ends 8 weeks following the birth in normal cases and 12 weeks after premature births or the birth of multiple children. Expecting mothers are only permitted to work 6 weeks before the birth a child when they have expressly communicated that they would like to continue to work. They can revoke this decision at any time. Mothers are absolutely prohibited from working after giving birth.

Remuneration during Prohibition of Work
During the period of protection, statutory health insurance pays a maternity allowance amounting to the average net salary of the last three months before the period of protection. Statutory health insurance pays a maximum of EUR 13 per day. TU Berlin pays the difference up to the net pay. In order to receive the difference, you must submit a certificate from your health insurance stating the amount it has paid out in maternity allowance to Human Resources.

Please note: Private health insurers make no payments - including benefits. In such a case, the German Federal Insurance Office (BVA) pays a maximum allowance of EUR 210 for the entire period of protection. The employer then only pays the calculated difference analogous to the statutory health insurance, meaning it pays the difference as if the employee were receiving EUR 13 per day.

Notice Period
As soon as an expecting mother is aware of the pregnancy, she should inform her employer (It is essential to do so as the protective function of the law is in her own interest). However, an employee is not to be asked about an existing pregnancy at the time of hire.

Dismissal Protection
An employee cannot be dismissed during pregnancy and up to four months after giving birth, if the employer was informed of the pregnancy no later than two weeks after the dismissal was filed. Fixed-term contracts are not extended through the period of protection however.

Medical Examinations
The employer must grant a pregnant employee free time for the necessary examinations without reducing pay.

-> See also: Parental Allowance/Parental Leave

Maximum Duration of Employment

Pursuant to the Act on Academic Fixed-Term Contracts (Wissenschaftszeitvertragsgesetz - WissZeitVG) student assistants are not permitted to work in a position for more than six years; this rule has applied at TU Berlin since March 2016 (see circular from 08.03.2016). This six-year limit is strictly applied. Parental leave or paid leave for committee work cannot be counted towards this time.

Private service contracts or contracts at other universities or scientific institutions are included in the calculation of the maximum duration of employment when the contract was for more than 40 hours/month.

-> See also: Contract Extension

Medical Course of Treatment

A medical course of treatment – up to six weeks – prescribed by a doctor is not deducted from your vacation days (See circular “Notification of sickness and unexcused absence” dated 29.08.2013)

Midi-Job (sliding constribution scale)

If you earn between EUR 450.01 and 850.00, you can have your reduced pension insurance contributions deducted. Depending on your gross pay, you can save up to 4% in contributions per month. If you would like to take advantage of the reduced pension insurance contributions, you must inform Human Resources at the start of your employment. This decision is irrevocable.

On the other hand, if you do not make use of the sliding contribution regulation, waiting periods (for an earlier pension start) will be fulfilled, entitlements to rehabilitation benefits will be acquired and the insurance coverage for pensions due to reduced earning capacity will be maintained. The waiver of the application of the sliding zone regulation is also a prerequisite for applications for state support under the Riester pension.

-> See also: Mini Job, Health Insurance for Students/20-hour rule, Income Tax Return, Secondary Employment, Pension Fund

Mini Job/Marginal Employment

A mini job is employment in which you do not earn more than EUR 450 per month on average. In this case, you are exempt from all social contribution fees. You are only required to pay pension contributions. However, it is possible to apply for an exemption from the social insurance institution. Of course, you can also work a mini job in addition to your job at TU Berlin, as long as you do not regularly work a total of more than 20 hours per week Monday to Friday. In addition to freedom from social security contributions, the exemption limits for income tax, which may be due, also change in your favor here, as you pay a flat-rate income tax when employed in a mini-job, which can also be borne by the employer.

Important: Human Resources must be informed of or approve your secondary employment before you may take it up.

-> See also: Health Insurance for Students/20-hour rule, Income Tax Return, Secondary Employment, Pension Fund


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