FAQs for research staff

This FAQ is intended for all research assistants at Clausthal University of Technology who are employed on a fixed-term basis under the WissZeitVG.

It is intended to provide guidance on rights and obligations but does not replace individual legal advice.

Important laws and regulations include:

• WissZeitVG (Act on Fixed-Term Contracts for Researchers):
  governs the duration of fixed-term employment contracts for research staff.
• TV‑L (collective bargaining agreement for the states):
  governs pay, working hours, vacation, pay grade classification, etc.
• NPersVG (Lower Saxony Staff Representation Act):
  governs the rights of the staff council.
• Working Hours Act (ArbZG):
  governs maximum working hours, breaks, and rest periods.
• Occupational Safety and Health Act:
  governs safety and health in the workplace.
• State higher education law (e.g., NHG) and internal regulations (doctoral regulations, bylaws).
• Service agreement on working hours:
  flexible arrangements for working hours at Clausthal University of Technology
• Service agreement on alternating telework and mobile work
  : flexible arrangements for working outside the workplace

The Act on Fixed-Term Contracts for Academic Staff (WissZeitVG) governs when and for how long universities and research institutions may enter into fixed-term employment contracts with academic staff.

This applies in general to:

• research and artistic staff,
• student assistants,
• research assistants.

• Fixed-term employment for qualification purposes pursuant to section 2(1) of the WissZeitVG
  • A fixed-term contract for the purpose of your own academic qualification (e.g., doctoral degree, habilitation, or other qualification goal).
• Fixed-term contract funded by third-party grants pursuant to Section 2(2) of the WissZeitVG
  • A fixed-term contract financed by third-party funds (DFG, EU, BMBF, etc.) and tied to a specific project.

• If you are employed on a fixed-term basis to pursue academic qualifications, for example:
  • “to advance one’s own academic qualifications (Ph.D.)”
  • “to prepare for and complete a habilitation”
  • “to pursue further academic qualifications both before and after the doctoral degree.”

• Wording in the application for employment (particularly in the fixed-term employment form and the job description) that
  • mention a doctorate or other qualification as a goal,
  • refer to Section 2(1) of the WissZeitVG.

Before and after the doctorate:

• Before the doctoral degree: fixed-term employment for the purpose of obtaining a doctoral degree, other qualification goals.
   
• After the doctorate: fixed-term employment for further academic qualifications (postdoc phase, habilitation, etc.).

If your position is structured this way, at least one-third of your working hours must be available for your own professional development.
According to Section 31(4) of the NHG, employment contracts for professional development must cover at least 50% of regular working hours.

• Your position is funded primarily or exclusively by third-party funds.
   
• The third-party funding is:
  • for a specific task (specific project),
  • for a specific duration.

• Reference to a specific project in the fixed-term employment form included with the application for hire.  
• Reference to section 2(2) of the WissZeitVG.
• Funding from the DFG, EU, BMBF, industry, etc.

Distinction from fixed-term employment for training purposes:
 

• The primary goal is to fulfill the project mandate.
• Your doctoral studies may take place within the context of the project, provided the project sponsor or third-party funder permits it. However, this is not automatically the purpose of the contract. Some third-party funders explicitly exclude this possibility.
• There is no fixed maximum total duration as in Section 2(1) of the WissZeitVG—the limit is generally the project duration.

• Before earning a doctorate:
  a maximum of 6 years of fixed-term employment in accordance with Section 2(1) of the WissZeitVG.
• After the Ph.D.:
  also a maximum of 6 years.

These time limits apply cumulatively to all German universities and research institutions (e.g., Max Planck Institutes, Fraunhofer Institutes, BAM, PTB) combined.
If the doctoral degree is completed in less than 6 years, the time saved is added to the postdoctoral phase.
 

Counting of previous employment periods:

• Previous fixed-term positions as a research assistant at other German universities and research institutions are generally counted toward the maximum duration.
• This depends on the specific position and legal basis—if in doubt, check with the Human Resources Department.

• Once the maximum permitted duration has been exhausted, no further fixed-term training contracts may be entered into pursuant to Section 2(1) of the WissZeitVG.
   
• Possible options thereafter:
  • permanent position,
  • third-party-funded project pursuant to section 2(2) of the WissZeitVG,
  • options for fixed-term employment based on other legal grounds (e.g., TzBfG, BEEG, etc.)
  • Move to the private sector (other employers).

• General rule:
  As long as the project is ongoing and funding has been approved.
• There is no fixed upper limit (e.g., “a maximum of 6 years”) in the law.
   

Multiple consecutive project contracts:

• Multiple fixed-term contracts in different or even consecutive projects are possible if there is a new objective reason (new project, new third-party funding) in each case.
• Nevertheless, the general prohibition against the abuse of chained fixed-term contracts applies:
  in cases involving a very large number of fixed-term contracts over long periods, a court may, on a case-by-case basis, determine whether the fixed-term contract is still permissible.

• For a full-time position, the weekly working hours are 39.8 hours per week, in accordance with § 6 TV-L.
• For a part-time position (e.g., 50%, 65%, 75%), the weekly working hours are reduced accordingly (e.g., 65% of 39.8 hours = 25.87 hours per week).

In Lower Saxony, the Lower Saxony Higher Education Act (NHG) applies, in particular Section 31(4) NHG.
 

• Section 31(4) of the NHG stipulates:
  • The institution must provide research assistants with adequate opportunities to pursue their own academic development within the scope of their official duties.
    Their employment must amount to at least 50% of the regular working hours (Section 34(4), first sentence, NHG).
  • At least one-third of working hours must be set aside for this purpose.
• Specifically, this means:
  • If, for example, you have a 100% position (39.8 hours/week) for the purpose of professional development, you should generally be able to use about one-third of your working hours (i.e., approx. 13–14 hours/week) for your own professional development (e.g., a doctoral degree).
  • For a 65% position, this would correspond to approximately one-third of 65% (i.e., about 8–9 hours per week).

Important:

• This is not a “nice recommendation,” but a clear legal requirement under state law.

 Falling below the one-third threshold is not permitted.

“A PhD is a private matter”—is that true for a position with a qualification mandate?

• No.
  If you are employed as a research assistant with a qualification mandate under Section 2(1) of the WissZeitVG at Clausthal University of Technology, the following applies:
  • Your own qualification (e.g., a Ph.D.) is part of your official duties.
  • According to Section 31(4) of the NHG, your employer must allocate at least one-third of your working hours to this within the scope of your official duties.

In the case of such a position, the statement “A Ph.D. is a private matter” contradicts the legal situation in Lower Saxony.

Exception: in the case of a third-party funding contract under Section 2(2) of the WissZeitVG, the Ph.D. may indeed be a private matter.
 

• Record:
  • your actual working hours,
     
  • your responsibilities (teaching, administration, projects),
  • the time that realistically remains for your dissertation.
• Talk to:
  • your advisor / your direct supervisor,
  • the doctoral student representative,
  • the ombudsperson for doctoral matters
  • the staff council and the human resources department.
• Feel free to specifically refer to Section 31(4) of the NHG and note that at least one-third of your working hours must be allocated to your doctoral studies. This information can also be found in the job description.

• It allows for an extension of the maximum permitted duration of your fixed-term qualification contract under Section 2(1) of the WissZeitVG if you are caring for your own children.

• 2 years per child under the age of 18.
• Example:
  you have two children → the maximum allowable duration (e.g., 6 years before / 6 years after your doctoral degree) can be extended by up to 4 years accordingly.

• This rule applies to the total allowable duration of your degree program.
  It can therefore apply to both the period before and after your doctorate. The specific classification depends on your individual periods of employment.

• Extension of the time limit:
  Your maximum permitted fixed-term contract period under Section 2(1) of the WissZeitVG is extended (e.g., 6 → 8 years).
• Contract extension:
  your specific contract is actually extended for a certain period of time.

• Taking parental leave,
• maternity leave,
• prolonged illness,
• caring for family members
• leave of absence for scientific or artistic activities, or for scientific, artistic, or professional training, continuing education, or further education conducted outside the university sector or abroad,
• periods of basic military or civilian service,
• Periods of leave amounting to at least one-fifth of regular working hours to perform duties as a representative for employees or for persons with severe disabilities, as a women’s or equal opportunity officer, or to fulfill a mandate compatible with the employment relationship.

The extension is generally based on the duration of the interruption (e.g., the duration of parental leave).

• During parental leave, your obligations under your employment contract are generally suspended.
• There are no provisions for extending the contract beyond the originally agreed-upon end date.
• This is possible if:
  • the project continues,
  • funding is available,
     
  • and the external funding provider permits an extension.

• The family policy component primarily relates to the maximum duration of the fixed-term qualification period under Section 2(1) of the WissZeitVG.
• This extension does not automatically apply to third-party-funded contracts under Section 2(2) of the WissZeitVG.

• Notify the Human Resources Department well in advance of any planned parental leave or extended caregiving leave.
• Clarify:
  • the end date of your current contract,
  • the project duration (for third-party funded projects),
  • options for contract or framework extensions.

• 1 LVS is equivalent to 45 minutes of instruction per week during the lecture period.
• In Lower Saxony, full-time teaching assistants generally have a maximum teaching load of 4 LVS. If you have a 65% position, this is calculated proportionally (65% of 4 LVS = 2.6 LVS).
• This means: Your teaching load (e.g., 4 LVS) is part of your total position (e.g., a 65% or 100% position) and must be balanced appropriately with your training period (e.g., “1/3 pursuant to § 31(4) NHG”) in a reasonable proportion.

• Preparation and follow-up work, grading, exams, and advising students are part of your regular work hours.
• These tasks are not counted separately as LVS hours but are included in the scope of the position.

• If it has been agreed upon as a qualification requirement, teaching experience is part of one’s academic qualifications.

• Yes. If your teaching load is so heavy that you barely have any time left for your own professional development, that contradicts the purpose of your contract, which is to support your professional development.
• In such cases:
  • document your teaching and work load,
  • talk to your supervisor,
  • and, if necessary, involve the Human Resources department or the staff council.

Am I required to teach if I hold a position funded entirely by third-party grants?

• Often, third-party-funded positions involve little or no teaching. If teaching is required, this must be clearly stated in the job offer letter and in the job description.

Risk of overwork:

• If you are also assigned extensive teaching duties in a project-based position, this can lead to overload.
• In this case, please take advantage of the university’s internal assistance and support services early on.

• Chronic overload (e.g., a 60% position with the workload of a 100% position).
• Hardly any time for a Ph.D. or other qualifications, even though the position is governed by Section 2(1) of the WissZeitVG
• Unfair distribution of tasks (e.g., almost exclusively teaching and administrative work).
• Dependence on a supervisor who:
  • refuses to provide feedback or supervision,
  • delays the doctoral degree,
  • or threatens not to renew the contract.

• Address problems early on:
  in a calm conversation with your supervisor.
• Documentation:
  • emails,
  • meeting minutes,
  • records of work hours and tasks.
• Know your limits:
  • no one may force you to work overtime in violation of the law,
  • and no one may discriminate against you because of parenthood or illness.

The Graduate Academy is a support service for early-career researchers at all levels of qualification at Clausthal University of Technology.

Staff council

• deliberates in confidence,
• may participate in discussions,
• and ensures compliance with laws and employment agreements.

Equality and diversity staff

• in cases of discrimination based on gender, origin, family status, etc.

Complaints office under the AGG

• in cases of discrimination under the General Equal Treatment Act.

Ombudspeople for good research practice

• in cases of research misconduct or conflicts in doctoral advising.

Psychosocial counseling

• for mental health challenges (e.g., stress, risk of burnout).

Occupational health services

• for general health concerns.

• Threatening to deny or delay approval of a doctoral dissertation in order to exert pressure.
• Sexual harassment, bullying, and exclusion.
• Discrimination based on gender, origin, religion, disability, age, or sexual identity.
   
• Systematic exploitation of precarious fixed-term employment situations.

• Take it seriously; document it.
• Involve trusted resources as early as possible (Graduate Academy, Staff Council, Equal Opportunity Office, Ombudsperson, AGG Office).
• If necessary, take advantage of external counseling and support services.

• provide legal advice to members
• provide support in labor law disputes

External counseling services for workplace conflicts.

Attorneys specializing in labor law (individual legal representation, subject to a fee).

• Yes, as a general rule, fixed-term periods of employment as a research assistant at other German universities are taken into account when calculating the maximum duration under Section 2(1) of the WissZeitVG.

• Industry / business:
  periods of employment outside the higher education sector generally do not count toward the maximum duration specified in the WissZeitVG.
• Abroad:
  employment at foreign institutions is usually not directly subject to fixed-term contracts under the WissZeitVG and typically does not count toward the maximum duration.
• Student assistants
  • Student assistants: employment as a student assistant under § 6 of the WissZeitVG is not counted toward the maximum fixed-term duration under § 2(1) of the WissZeitVG.
  • Research assistants: contracts as research assistants are fully counted toward the permissible fixed-term duration under section 2(1) of the WissZeitVG.

• Generally speaking, yes, but:
  • You must report any part-time jobs.
  • They must not interfere with your work at the university.
  • The provisions of the Working Hours Act must be observed.

• Activities that directly compete with your university may be prohibited.
• Part-time jobs that place such a heavy burden on you that your primary job suffers as a result.

• The right to a safe and healthy workplace.
• Right to training on hazards and protective measures.
• The right to have psychological stress (e.g., stress) assessed as part of the hazard assessment.

• Seek a conversation with your supervisor.
• Contact the company physician.
   
• Use internal resources.

• Plan well in advance (1–2 years beforehand) with:
  • caregiver,
  • the human resources department,
  • the Graduate Academy.
     
• Possible paths:
  • Complete your degree and transition to permanent positions (universities, research institutions),
  • Move into the private sector or public administration.