In the dispute over the contracts of student assistants at the Berlin universities, a possible solution comes now from the law faculty of Humboldt-University. By the completion of a new student collective agreement (TV-Stud) between universities and trade unions also auxiliaries, are in non-scientific areas could be kept in the TV Stud, explains Stephan Klawitter, a researcher in the law faculty and a member of the Academic Senate of the HU.
Then neither students would have to be taken in the for you will not pass the exact collective agreement (TV-L) of the Berlin higher education act would have to be rewritten.
universities in hope of a Change in the Berlin higher education act
After a ruling by the state labor court in the summer of 2018, the employment of students in non-academic areas is not allowed, at least not on the basis of the TV Stud. Because in the Berlin law on higher education stipulates that student assistants "are allowed to support the scientific and artistic employees in their activities in research and teaching," and as Tutors. Student Jobs in the University libraries, in administration or in the IT departments are not recognized by the TV Stud. However, a Takeover of the auxiliary forces in the TV-L is the Unis are too expensive. They also warn that the Authorities would then have to be re-advertised and all applicants would not be open only to students.
The high school lines are affected in each case hundreds of students at the TU and the FU – hope for a Change in the law on higher education. Otherwise, you want to invoke the testing clause in the law on higher education allows the universities, of certain paragraphs of the law to depart. Both Paths, however, would be tedious, because you would need the consent of the land Parliament or of the Unigremien.
HU-lawyer refers to the collective autonomy of universities and the trade unions
meanwhile, HU had not already begun, to extend the contracts of student employees, at the end of October, but a temporary solution to 30. June of this year announced. But a solution is still not possible? Lawyer Stephen Klawitter believes that the universities and the trade unions could expand as the collective partners in the area of application of the TV-Stud to non-scientific activities in the library, or as a programmer. The restrictions in Berlin's higher education law would be ineffective, says Klawitter. "The collective autonomy of the universities and the trade unions would be curtailed if the legislature would have to allow that the University employs students under certain conditions."
it is Doubtful, however, whether the unions are to such a step, ready to Klawitter. Recently had the GEW and Verdi for the Acquisition of the non-academic student employees in the TV-L. In November they demanded as reported by the universities, to create legally compliant, their working time should be designed to the extent so that it is also for students feasible. For the duration of activities, the Bodies should be permanent.More about
conflict to the auxiliary forces, criticism of Berlin's universities due to student Jobsspicy sausage
His reasoning outlined by Stephen Klawitter in an open letter to the President of the Humboldt-University and the Union lines. An Online Petition is under the title "appeal: No regrouping student assistant in the TV-L HU Berlin" (here). At the HU the consequences of the dispute are feel sensitive, many libraries had to restrict the Hours of operation.