120/240 days rule for foreign students
Explanation of the most common pitfalls in the employment of foreign students.
German Citizenship through VISAGUARD
what the 120/240 day rule is and when it applies
how the 120/240 day rule is to be implemented in practice
what exceptions there are to the 120/240 day rule
common pitfalls when employing foreign students
Table of Content
1. Work permit for foreign students
2. 120/240 days rule for foreign students
2.1 How many hours are international students allowed to work?
2.2 Self-employment students
3. 120/240 days holiday and internship arrangement
3.1 120/240 days sickness and vacation absence rule
3.2 120/240 days regulation for compulsory internships and student part-time jobs
4. 120/240 days rule: Tips for employers
4.1 Determination of previous activities
4.2 Submission of a current certificate of enrollment
5. Conclusion 120/240 days rule
1. Work permit for foreign students
The residence permit pursuant to Section 16b Paragraph 1 of the Residence Act is issued to international students from non-EU and non-EEA countries to pursue higher education in Germany . The primary purpose of the stay is therefore to study. However, there are legally regulated opportunities to pursue employment during studies. This article examines the opportunities for students to work in Germany while studying .
The integration of international students into the German labor market is important for both companies and students. Anyone living in Germany with a residence permit for the purpose of studying under Section 16b of the Residence Act (AufenthG) is subject to specific legal regulations regarding employment. Knowledge of these regulations is particularly important for employers to avoid the risk of employing foreign nationals illegally .
2. 120/240 days rule for foreign students
International students who hold a residence permit under Section 16b of the Residence Act are permitted to work under certain conditions. These include mini-jobs, student jobs, and regular part-time employment. However, it is important that they adhere to certain time limits to avoid jeopardizing their residence status. These limits must be observed by both students and employers.
2.1 How many hours are international students allowed to work?
Since March 1, 2024, international students in Germany have had the option of choosing between two different methods for calculating their working hours. The first method, which is limited to working days (Section 16b Paragraph 3 Sentence 1 of the Residence Act), allows students to work a maximum of 140 full working days or 280 half working days per calendar year. A half working day generally corresponds to a maximum of four hours. The calendar year is used to calculate the annual period. 140 days also apply if international students enter the country to begin or complete their studies during the current calendar year. Working hours are recorded in a working time account required under residence law; vacation days are not counted as working days.
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However, since March 1, 2024, a new calculation method has also been in place. During the lecture period, students are permitted to work a maximum of 20 hours per week . Outside of the lecture period, it is possible to flexibly divide their working hours into two and a half working days per week. A key advantage of this method is its flexibility, as students can decide each week which of the two calculation methods they wish to use. At the end of the year, however, it is only necessary to ensure that the permitted total working hours are not exceeded.
2.2 Self-employment students
International students are generally not permitted to engage in self-employment . Anyone wishing to work as a freelancer or in other self-employed activities requires additional approval from the immigration authorities. Students should inform themselves in advance to avoid legal violations.
3. 120/240 days holiday and internship arrangement
3.1 120/240 days sickness and vacation absence rule
Under the 120/240-day rule, only days on which work is actually performed count as working days. If no work was performed, the day doesn't count. The reason for not working is irrelevant. Therefore, paid or unpaid vacation and sick days are not counted.
3.2 120/240 days regulation for compulsory internships and student part-time jobs
According to Section 16d Paragraph 1 Sentence 2 of the Residence Act, compulsory internships are covered by the residence permit for the purpose of studies. This means that internships that are a mandatory part of the course of study or necessary to achieve the educational objective are not counted towards the permitted periods of employment. Students and employers therefore do not have to worry that their internship will reduce their permitted 120 full or 240 half working days per year. The law also provides particularly liberal regulations for positions at universities and scientific institutions . According to the law and the instructions of the Federal Employment Agency, foreign students may work in university institutions for an unlimited period of time – without the approval of the Federal Employment Agency. This applies, for example, to tutoring activities and scientific collaboration on research projects.
4. 120/240 days rule: Tips for employers
4.1 Determination of previous activities
Employing international students presents employers with particular challenges regarding immigration law. To ensure legal employment, precise documentation is essential . Employers must accurately record the working hours of international students. This includes not only their own internal working time records, but also the total working hours across all employers . It is important that working hours from previous or parallel employment relationships are also counted. Employers should therefore check with their student employees whether the permitted working hours have already been exhausted by work for another employer.
4.2 Submission of a current certificate of enrollment
At the start of the semester, a current certificate of enrollment should also always be presented . This serves as proof that the student is still enrolled in a full-time program and thus the special regulations for student employment continue to apply. Therefore, residence permits pursuant to Section 16b of the Residence Act are often issued with the additional provision that the residence permit expires if the program is discontinued or terminated. In this case, the residence permit no longer exists, meaning any employment would be illegal.
Summary of this Page
International students with a residence permit under Section 16b of the Residence Act are permitted to work in Germany under the 120/240-day rule and, as of March 1, 2024, have benefited from a flexible choice between a workday or hourly model. Mandatory internships and university work are not counted. For employers, accurate documentation of working hours and the regular presentation of enrollment certificates are crucial to prevent illegal employment. Familiarity with these residence permit requirements protects them legally and enables students secure access to the German labor market.
