Core tasks of trade unions in Germany:

Representation of employee interests:

• Negotiating better working conditions (wages, working hours, holidays)

• Securing secure jobs

Co-determination:

• Supporting the staff council

• Helping to shape the world of work

Legal advice and protection:

• Legal advice on labour law issues

• Representation in court

Solidarity:

• Support for members in difficult situations

• Commitment to social justice

Political representation of interests:

• Influencing political decisions

• Promotion of a just social policy

Concrete measures:

• Conclusion of collective agreements

• Organisation of strikes

• Educational programmes for members

Importance:

• Reducing social inequality

• Improving working conditions

• Strengthening employee co-determination

Additional aspects:

• History: The first trade unions emerged in the 19th century, often under difficult conditions.

• International cooperation: Trade unions in Germany are part of a global movement for social justice.

As a foreign scientist working in Germany, understanding the German Academic Fixed-Term Contract Act (WissZeitVG) is crucial for planning your career. This law specifically governs temporary employment for academic and artistic staff at public higher education institutions and research institutions in Germany. Here are the main facts you should know:

1. The "6+6 Year Rule" (Qualification Phase):

• General Principle: The WissZeitVG allows for a maximum of 12 years of fixed-term employment for academic staff for qualification purposes. This is generally split into two phases:

  • Pre-PhD Phase: Up to 6 years before completing your doctorate.

  • Postdoc Phase: Up to 6 years after completing your doctorate.

• Flexibility: If you complete your PhD in less than 6 years, any unused time from the pre-PhD phase can be added to your postdoc phase. For example, if you finish your PhD in 4 years, you could have up to 8 years for your postdoc phase.

• Purpose: These fixed-term contracts are meant to facilitate academic qualification (e.g., obtaining a PhD or Habilitation) and professional development.

2. Third-Party Funded Projects:

• Separate Rule: Employment contracts tied to externally funded research projects (third-party funding, or "Drittmittel") operate under a separate provision of the WissZeitVG.

• Duration: The duration of these contracts is generally tied to the approved project duration. This means that even after exhausting your 12-year qualification limit, you can still be employed on fixed-term contracts if they are solely for a specific third-party funded project.

• Important Note: While third-party funded contracts offer flexibility, some may still count towards your 6-year postdoc limit if they are also serving a qualification purpose. It's crucial to clarify this with your institution's HR department.

3. What Counts Towards the Limits:

• German Institutions: Only academic employment contracts (full-time or more than a quarter of regular full-time employment) with German higher education or research institutions count towards the fixed-term allowance.

• All Prior Contracts: All previous fixed-term academic employment at German universities or research institutions (including as a scientific or student assistant after completing a Bachelor's degree) are generally counted.

• Fellowships: Periods of fellowships for qualification purposes also count towards these limits.

• Time Abroad: Generally, time spent working as a scientist abroad (without an employment contract with a German institution) or on stipends/unpaid visiting scientist roles does not count towards your WissZeitVG limits.

4. Exceptions and Extensions:

• Parental Leave/Childcare: The permissible fixed-term period can be extended by two years per child under 18 years of age. This aims to account for time spent on childcare. This is an option for the institution to extend, not an automatic right to extension.

• Disability/Chronic Illness: Similar to parental leave, the maximum period can be extended by up to two years in cases of serious chronic illness or disability.

• Maternity Leave: If you take maternity leave, the remaining contract period is usually intermitted and attached to the end of the leave.

5. Recent and Proposed Reforms:

• Ongoing Discussions: The WissZeitVG has been subject to significant criticism for leading to precarious employment conditions and a lack of career predictability for early-career researchers. There have been ongoing discussions and proposed reforms to address these issues.

• Key Proposed Changes:

  • Minimum Contract Durations: Introduction of minimum contract durations (e.g., generally 3 years for the first contract before PhD, 2 years after PhD, and 1 year for student assistants).

  • Reduced Postdoc Qualification Phase: A proposal to reduce the maximum fixed-term period in the qualification phase after the doctorate from six to four years, with a further two-year extension only possible with a "follow-up commitment" (e.g., towards a permanent position or tenure track).

  • Tenure Track Integration: Aims to integrate the tenure-track concept more explicitly into the WissZeitVG, providing clearer pathways to permanent positions.

  • Prioritizing Qualification: Emphasizing that fixed-term contracts for third-party funding should only be possible after the maximum qualification period has been exhausted, to prevent misuse.

6. Impact on Foreign Scientists:

• Visa and Residence Permits: The fixed-term nature of contracts under WissZeitVG can create challenges for foreign scientists, as visa and residence permit extensions are often tied to the duration of their employment contract. Even short gaps in funding can lead to issues.

• Uncertainty and Pressure: Like German researchers, foreign scientists face significant pressure to secure a permanent position within the given timeframe, leading to potential stress and mental health issues.

• Lack of Long-Term Planning: The limited contract durations can hinder long-term personal and family planning, making Germany less attractive to some international talents.

• Language Barrier: Navigating the complexities of the WissZeitVG and HR departments can be more challenging for non-German speakers.

Important Advice for Foreign Scientists:

• Understand Your Contract: Always carefully read your employment contract and clarify which specific paragraph of the WissZeitVG it falls under (e.g., qualification purpose or third-party funding).

• Track Your Time: Keep a detailed record of all your fixed-term academic employment periods in Germany.

• Consult HR and Legal Advice: You are free to consult your university's HR department or the university's Welcome Center for international researchers (Caution: they represent the employer's interests!). Better to contact the staff council or us - the ver.di union if you have questions or concerns about your contract or career path.

• Network: Connect with other researchers, especially postdocs and international researchers, to share experiences and advice.

The WissZeitVG is a complex piece of legislation, and its interpretation can sometimes vary between institutions. Staying informed and seeking clarification is key to navigating your academic career in Germany effectively.