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Taxes for second werkstudent job during non-lecture hours

I am an international student at H_da working with a private employer as a werkstudent for 15h/week (60h/month). I get paid around 600 Euros every month for which i pay 9.35% of my salary towards social contibutions (pension) as my salary exceeds 450 Euros. I have another job offer now as a werkstudent from a second company to work for 20 hours a month earning me another 200 Euros. Combining both the jobs, my working hours do not exceed the 80h/month rule. I have a couple of questions based on my present situation:
1) Since i would be have two werkstudent contracts, should i now pay taxes in addition to the social contribution ? If Yes, which Tax category would i belong to ? (Klasse I or VI)
2) One job pays me more and the other pays me less. Which one should i be making as primary job to pay less taxes ?
3) I also hear that during the non-lecture period/Semester break hours, the 20h/week rule does not apply and i can work for even 40h/week. I have non-lecture period from Feb 1 to March 31. Can i work with both the employers amounting to 120/140 hours a month ? What would be the tax implications in this case ?

Thanks a lot in advance

Combining Werkstudent + Minijob

Hello , 

I am Muhammed and a master student in the Technical university. I am single and age 24. 

I am planning to start working as a Werkstudent in a private company and do a Minijob along my studies. I would like to know how is my tax situation and is there a chance for claiming returns. 

I will working as a Werkstudent for at least 12-15 hours a week. And do a Minijob as well. This Minijob has a possibility to work after 18 Uhr and weekends too. 

Can you suggest me the best way to handle my income with respect to taxes ( like placing them in tax classes 1 and 6 ), since there is a chance I cross more than 20 hours per week . In that case , the contributions i make as an employer , are those returnable ? 

RE: Taxes for second werkstudent job during non-lecture hours

Hello Muhammed,

thanks for your question.

The matter of taxes and social security contributions are two different law fields.

The 20h-rule is a specific rule concerning the german social insurance. It’s valid for students, who work in Germany – no matter, which passport or residence status they have. Working students have a special status in the social insurance system when they don't work more than 20h/week (or if they work inside the exceptions).

The decisive factor in determining your social insurance status is the regular working hours per week and based on that, whether the studies are in the foreground or the work. If you work regularly more than 20h/week, you get a different status as Arbeitnehmer (employee) instead of Werkstudent and you have to pay more social security contributions from your salary. This money you can't get back, a return is only possible for taxes (see below). And even if you have to pay more social contributions from your salary, it can be a financial advantage for you, because therefor you don't have to pay extra money for health insurance any more. The health insurance works over your job then.

Exceptions from the 20h-rule: It’s possible to work more without a change from Werkstudent to Arbeitnehmer if the working time exceeding the 20h / week falls in a maximum of 26 weeks per year due to limited (!) employment / working time increases in the evening, at night or on the weekend. Weeks with a working time of over 20h/week during the semester break also count towards the 26 weeks.

Now to the field of taxes. If you have two jobs, one in tax class 1 and another in tax class 6, then more taxes are collected from the one in 6. So you should take the one with the lower income in class 6.
But this is completely apart from the question, if you are Werkstudent or not. These are the regular tax rules, which alos apply to students, there are no exceptions.

The basic tax allowance is 10,347€/year (plus 1,200€ flat-rate income-related expenses for dependent employment). Income tax is only due when you earn more in all - AND only on the amount that exceeds your allowance (plus any pension expenses, special expenses or higher income-related expenses).
If you have high deductions for several jobs in different wage tax classes, you can get all the excess taxes collected back at the end of the year with a tax return.

Be aware:
If you are a non-EU-students with a students visa, you can have in general as many jobs as you want, but you have to care, that you are inside the 120 days/240 half days-rule.
And there might be a the problem, if you can’t be registered as Werkstudent any more, because this could effect your residence permit! In that case please seek for personal advice in specialized counseling bureaus!

I hope these Informations help you to understand better, what's going on, when you have more than one job. If you have further questions, you can get personal advice in one of our bureaus near you or you can write us again. 

Best wishes
DGB Jugend students counseling 

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