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Due to the coronavirus pandemic, a new clause – Sect. 7(3) – has been added to the German Act on Fixed-Term Employment Contracts in Academia (WissZeitVG). It provides for the possibility of extending the fixed term of certain temporary contracts in academia by six months. The purpose of this regulation is to compensate for any negative impacts that the COVID-19 restrictions at the University may have had on researchers who are currently pursuing a further qualification.

The translation of the information on this page into English is intended solely as a convenience to people who do not read German. Any discrepancies or differences that may arise in the translation of the official German version of this information are not binding and have no legal effect.

The following information answers some questions that may arise in this context:

1. Who will benefit from the new regulation?
The possibility of extending the fixed term of certain temporary contracts applies exclusively to academic staff whose contracts have a fixed term on the basis of Sect. 2(1) Sentence 1 or Sentence 2 WissZeitVG (“fixed term for qualification purposes”). This regulation does not apply to academic staff who hold a fixed-term contract in accordance with Sect. 2(2) WissZeitVG (“project-based fixed term”).

2. Are employees who have suffered a disadvantage in their further academic qualification due to the COVID-19 restrictions at the University entitled to continued employment? Or even to an automatic extension of their contracts?
Neither. The provision of Sect. 7(3) WissZeitVG merely provides for the possibility of extending the fixed term of eligible contracts. It does not establish a legal right to exhaust the possibility of extending the fixed term of the contract. It is still necessary to formally request that a contract be extended.

3. How can an employment contract be extended in this case?
The first step is for the employee to speak to their superior and adjust their qualification planning accordingly. If further employment (i.e. extension of an existing contract) is intended, then the superior must submit an application for further employment to the Department of Human Resources as normal. Please note that contracts can only be extended if the relevant funding is secured.

4. What other requirements must be met?
In this case, the prerequisite for continued employment is that the person is employed under Sect. 2(1) WissZeitVG in the period from 1 March 2020 to 30 September 2020. The extension application must include a revised qualification plan. It is not sufficient to cite general pandemic-related delays in the employee’s academic further qualification. Furthermore, such an extension of the fixed term can be considered only if the regular fixed term of twice six years is not sufficient.

5. If extended, will the contract simply be extended by the full six months?
No. Contracts can be extended on a pro rata basis to make up for the period in which the employee’s academic qualification was delayed due to the COVID-19 restrictions at the University.  

6. Should employees approach their supervisors now to discuss an extension?
In principle, this should only be done if further employment under the regular rules on fixed-term contracts is no longer possible – only then can an extension due to COVID-19 be considered.