The Hessian negotiation results in brief
The contractual agreements with the State of Hesse, Goethe University and TU Darmstadt include:
- Minimum contract duration: generally one year. In case of justified expections, shorter or longer terms may be agreed.
- Minimum hourly wage for student employees (without a degree):
- from summer semester 2024 minimum € 13.46;
- from summer semester or 1st August 2025 minimum € 14.20. The higher levels (with degree) will be raised accordingly. (Discussions with the HMWK and the Ministry of the Interior are ongoing.)
- In future, the increase in hourly pay for student employees (SHKs) will be linked to the percentage wage increase for other employee groups in the TV-H.
- Minimum scope of employment: generally 10 hours per week
- Term of the agreement: 24 months. This means that the collective agreement can be terminated and renegotiated from 1 February 2026. In the next round of negotiations, the parties to the collective agreement will once again negotiate an adjustment to the minimum wage, among other things.
Following the conclusion of the third round of negotiations with the state of Hesse and the negotiations with the autonomous universities, we are outraged by the employers’ strict refusal to collectively bargain the working conditions of student assistants. Nevertheless, the minimum of 10 hours per week is a significant improvement – also in comparison to the result of the collective bargaining round of the federal states. After all, unpaid overtime is a major factor in precariousness. With this regulation, we can hopefully mitigate this problem
The pay settlement is higher than the result of the collective bargaining round for the federal states. Nevertheless, higher wages would have been possible due to the robust budget situation of the state of Hesse. Against the backdrop of inflation, the rising cost of living and rising rents, the refusal of employers to agree on higher wages is a slap in the face: it is still barely possible to make ends meet with these wages.
Contractual agreement
The contractual agreement is the first agreement between the trade unions and the state of Hesse (and the university management of TU Darmstadt and Goethe University) that regulates the working conditions of student employees. Unlike a collective agreement, however, employees cannot sue for their entitlements. However, a breach of the regulations constitutes a breach of contract. Compliance with this agreement can be enforced by the trade unions. This is a step forward compared to the previous Code of Good Labour Practice, which was negotiated between the Main Staff Council (Hauptpersonalrat) and the Hessian Ministry of Science and Research, Art and Culture (HMWK).
Enforcement was not possible
Despite the greatest mobilisation successes to date, we lack the strength to enforce a collective agreement (e.g. through unlimited strike). In order to gain more, we need more union organisation, even more willingness to strike from more student employees, who need to be actively involved in the initiatives. We have done well and shown what is possible, but the collective bargaining round has also shown that negotiations are primarily a question of power. At the end of the day, arguments don’t matter and it’s all about who is able to push their point of view through.
What happens next and what are the next steps?
One thing is clear: our fight continues!
We have achieved the minimum contract terms of one year and a minimum of 10 working hours per week.
Now we need to work together with staff representatives and trade unions to insist on implementation and compliance. To this end, we must further strengthen the roles of the student assistant councils (Hilfskräfteräte), which were introduced in accordance with the Hessian Staff Representation Act.
With the agreement, we have received the commitment that our working conditions will be negotiated again in the next round of collective bargaining. The prerequisite for this is that we continue to organise ourselves until then and build up strong trade union structures at the universities. We have proven in this round of collective bargaining that we can fight.
Report job advertisements that violate the regulations outlined above here!
FAQ about the Hessian collective agreement
This FAQ was compiled by members of the TVStud negotiationg committees of ver.di and GEW in cooperation with union full-timers. The FAQ only outlines a preliminary status. More detailed information will emerge from the editorial negotiations in the summer and autumn.
Agreement under the law of obligations vs. collective agreement
Why no collective agreement, but an agreement under the law of obligations?
The agreements on remuneration and contract terms could also have been regulated in a collective agreement. This did not happen because the Ministry of the Interior of the State of Hesse and the autonomous universities did not want to conclude a collective agreement for political reasons. Their reasoning was that they did not want to stab the Tarifgemeinschaft der Länder (TdL) in the back. With the current wording in the agreement paper, we have taken an important step and got our foot in the door, as it states that the next round of collective bargaining will include among other topics (!) renewed negotiations on pay!
In the next round, we will have another opportunity to improve existing regulations, make new ones and, most importantly, reach a collective agreement. The prerequisite is that we continue to organise and build an even stronger strike movement!
What are the differences between this agreement under the law of obligations and a collective agreement?
A collective agreement is a collective agreement between an employers’ association and trade unions that confers direct and mandatory rights and therefore creates entitlements that can be claimed individually by employees. An agreement under the law of obligations does not have this normative effect. Although claims cannot be made by individuals, they can be enforced by the trade unions. Nevertheless, it is a contract between two parties, i.e. it is much more binding than the previous Code for Good Work at Hessian universities. The state of Hesse is directly bound by the contractual agreement, and therefore the universities are as well. The state must work towards the implementation of the directive. The agreement under the law of obligations applies to all student employees.
In the next round, we will have another opportunity to improve existing regulations, make new ones and, most importantly, reach a collective agreement. The prerequisite is that we continue to organise and build an even stronger strike movement!
What happens when a university or college does not comply with the agreement? What would be the legal steps and who can take them?
It is important to document the violation first. It is sufficient if, for example, the lower hourly wage is noted on a payslip. The violation can be reported directly via the TVStud website. Alternatively, you can contact your local ver.di and GEW trade unions directly. Together with the local TVStud initiatives, the trade unions will decide how to proceed in order to enforce the implementation of the agreement.
Contact information: ver.di: , GEW:
In the next round, we will have another opportunity to improve existing regulations, make new ones and, most importantly, reach a collective agreement. The prerequisite is that we continue to organise and build an even stronger strike movement!
From when until when is the agreement under the law of obligations valid?
The regulations on pay are valid from April 1, 2024, with the agreement under the law of obligations coming into force on February 1, 2025. The regulations on contract terms and minimum number of hours are binding for all student employees starting on February 1, 2025. Despite this, some universities will implement the agreement under the law of obligations for the 2024 summer semester. There is no legal entitlement to this. There is not currently a term set for the agreement, so it is not limited in time for now.
Are we obliged to hold industrial peace (Friedenspflicht)?
No! The prerequisites for strikes before the next round of collective bargaining in the federal states would be a renewed call for negotiations on the one hand and a high level of organisation and willingness to strike on the other. In any case, calls for strike action would have to be issued by one of our relevant trade unions (ver.di and/or GEW).
Can in-house collective agreements be negotiated for student employees?
In principle, the Goethe University Frankfurt or the Technical University Darmstadt, as autonomous universities, could reach in-house collective agreements for student employees with the trade unions. However, as long as both the state of Hesse and the TdL refuse to budge, this is unlikely.
Payment/wages
What are the hourly rates of pay for student employees without a bachelor’s degree? What about student employees with a bachelor’s degree?
The agreement sets the hourly wage for student workers with no degree at a minimum of €13.46 from summer semester 2024 and €14.20 from summer semester 2025 (or from August 1st). This regulation is binding for all student employees, including those in externally funded projects. Hourly rates for those with a bachelor’s degree are set to be increased accordingly. More details will be clarified by mid-2024 in the editorial negotiations following the collective bargaining round.
What regulations apply to student employees with a master’s degree?
Since its amendment at the end of 2021, the Hessian Higher Education Act no longer includes student employees with a master’s degree, so-called research assistants (wissenschaftliche Hilfskräfte), as a personnel category. This personnel category currently exists only in a few exceptional cases. From a trade union perspective, the use of this category for new employment contracts is an evasion of existing collective agreements, since employees with master’s degrees must be classified as research fellows (wissenschaftliche Mitarbeiter) in accordance with TV-H. When in doubt, contact your local GEW or ver.di trade unions.
Due to the increase in hourly pay and the minimum number of hours, my income exceeds the limit for marginal employment. This has an impact on BAföG payments, (family) health insurance under 25 and the half-orphan’s pension. How do I deal with this?
The implementation of the minimum number of hours is not required until February 1, 2025. Some universities have already started to set the minimum number of hours at ten. From February 1, 2025, the university should, in principle, always offer you an employment contract with a minimum of ten hours. If, in exceptional cases, these regulations are to your disadvantage, you can apply for a reduction in hours through your university’s HR department. It is important to note that exceptions concerning minimum number of hours can only be made upon application by the employee.
Do the salaries set by the agreement apply to employment contracts signed before April 1, 2024?
The set hourly rates apply to all student employees from April 1, 2024, regardless of when the employment contract was signed.
Minimum contract terms
When do the regulations on minimum contract terms and the minimum number of hours apply?
From February 1, 2025, the agreed minimum contract terms of one year and the minimum number of hours of ten hours will be binding for all student assistants, regardless of when the employment contract was concluded.
What reasons justify exceeding or falling short of the minimum contract term of one year and who decides?
This is not further defined. First of all, your employer should offer you a binding minimum contract term of one year. It is always possible to exceed the contract term.
What about the minimum contract terms in third-party funded projects?
The agreement under the law of obligations makes no distinction between state and third-party funding. The requirements must also be implemented as described in third-party funded projects.
What options do we have as the TVStud movement to push for the most far-reaching and best possible implementation?
First of all, we should push for the rapid implementation of this regulation at our universities. To this end, it is important that we network locally with the staff representatives responsible for us, discuss the implementation of the regulation and monitor it. To this end, it is important to report all breaches of contract.
Can I now request ten hours per week and a term of one year from summer semester 2024?
No, the regulation for the ten minimum hours per week and the minimum contract term will apply from February 1, 2025. Nevertheless, some universities have already started to apply this regulation. There is no legal entitlement to this.