Everyone probably knows what a part-time helper (Aushilfe) is. If a business needs support, but only one day a week, for example, hiring a helper for exactly that day is a good fit. As a rule, a helper contract is concluded when a rather short-term job that is not meant to be permanent is intended. The most important aspect is therefore the amount of time the helper works at the company per week. A helper can be a pupil, a homemaker, a student or a retiree, for example. That is why a job as a helper can also be understood as a supplementary activity that is still bound by a few rules, but more on that below. At the start, though, the form of a helper contract is also important. It is permissible to agree on the helper contract informally. However, if only a fixed-term arrangement as a helper has been agreed, written form is still required.
In Germany, the earnings limit for helpers is 450 euros per month. Since this is not a job subject to social security contributions, unlike with a part-time employee, there are no major deductions from the gross salary. A contribution to the pension insurance does have to be paid, but it is not mandatory. The helper can have themselves exempted from paying the pension insurance contribution by means of a form signed by both the helper and the employer, and thus does not have to accept any deductions from gross to net pay. This is very popular, especially with students.

Why Is a Helper Contract Fixed-Term in the First Place?

A helper contract is often fixed-term because the helper only serves as a stand-in and the working hours are very flexible. Unlike full-time and part-time employees, the helper does not work many days a week, but usually only a few hours. The reason is that helpers who are pupils or students have another main occupation and only work as a helper at the business on weekends or in the early evening. Since studies and school are only temporary and businesses also like to look for helpers for a certain season, the helper contract is usually limited. Sometimes to three months, sometimes to two years. That is individual and depends on different factors. Employers only need a helper for a certain period. They act accordingly. Furthermore, because of freedom of contract, helpers also have different numbers of vacation days. A fundamental point in the helper contract is of course also the hourly wage. In addition, the contracting parties must be stated, along with the start of the contract and of course the contract term.

Notice Formalities

If a helper contract is fixed-term, section 15 paragraph 3 of the German Part-Time and Fixed-Term Employment Act applies. The statutory provision in § 622 paragraph 5 sentence 1 no. 1 of the German Civil Code (BGB), meanwhile, states that in the first three months of employment as a helper, the helper is entitled to ordinary termination without a notice period. Helpers have a regular employment relationship and therefore benefit from the same rights as full-time employees. In practice, this means that helpers are entitled to the claims under the Federal Vacation Act and the Continued Remuneration Act in unchanged form. A particularly important point is that helpers can rely in particular on collectively agreed and statutory protection against dismissal if disagreements arise.