On 26 January 2022, the Academic Senate of the Hamburg University of Technology adopted the following Tutor Statutes in accordance with § 85 Section 1 Number 1 in conjunction with § 33 Section 4 of the Hamburg University Act (HmbHG) of 18 July 2001 (HmbGVBl. p. 171). § 33 section 4 of the Hamburg Higher Education Act (HmbHG) of 18 July 2001 (HmbGVBl. p. 171), last amended by Article 1 of the Act of 17 June 2021 (HmbGVBl. p. 468).

§ 1
Function and task of tutorials

1. Tutorials are a university didactic means of supporting and improving university teaching. Teaching tutors have the task of supporting students and student work groups, especially in the first semesters of study, in their studies at the TUHH within the framework of the examination and study regulations, in particular by:
    
   1. introduction to the study and technique of independent academic work and guidance in academic conversation,
   2. the preparation and follow-up of lectures,
   3. the in-depth content-related and methodical examination of the material taught in the lectures,
   4. participation in the implementation of PBL- and laboratory events.

 (2) Tutorials can further be set up to

1. test reforms directed at objectives, contents and forms of work; such tutorials require scientific monitoring and evaluation,
2. to deal with questions in individual cases that are not subject of the regular course offerings,
3. improve the learning situation of students with a migration background
4. in justified exceptional cases, to support students who face particular difficulties in their learning situation due to a disability; the number of students participating in such tutorials shall be decided on a case-by-case basis.

§ 2
Arrangement of the tutorials

1. Applications for the establishment of a tutorial are to be addressed to the responsible Dean of Studies Committee. They must justify the necessity of the tutorial and contain a precise statement of the objectives and contents of the tutorial. The Dean of Studies Committee decides on the establishment of tutorials, if possible by mutual agreement with the applying teacher.
2. A tutorial is usually assigned to a specific course. The teacher running the course is responsible for the professional and didactic mentoring of the tutors (mentoring office). If a tutorial is not assigned to a specific course, the supervising body is determined by the responsible dean of studies.
3. The teaching tutors conduct the tutorial in coordination with the mentoring institution. The mentoring institution carries out the role of the supervisor.
4. Tutorials should not usually have more than 15 participants.

§ 3
Selection procedure and supervision of teaching tutors

1. Ordinary students with special professional qualifications and social skills may be employed as teaching tutors alongside their studies at a higher education institution within the scope of the Framework Act for Higher Education. The proper conduct of the studies may not be impaired. The determination of suitability is the responsibility of the supervising body.
2. If a tutorial is assigned to a course, the supervision of the teaching tutor is the responsibility of the teacher responsible for this course. If this is not possible, the supervision is the responsibility of another suitable teacher in the same subject area.
3. The supervision covers both the preparation and the monitoring and evaluation of the tutoring activities. In the preparation, information should be given in particular about the didactic functions of the tutorials, forms of work, the role of the tutors in the group and about the possibility of monitoring success.
4. Teaching tutors should receive guidance in higher education didactics at the beginning of their employment

§ 4
Official duties

Teaching tutors are obliged

1. to conscientiously fulfil the assigned tasks,
2. to observe and comply with the regulations and service instructions applicable at the TUHH,
3. to maintain secrecy towards everyone - even after termination of the employment relationship - about official matters that come to one's knowledge in the course of one's work.
4. to reject benefits offered or promised in any form by third parties (rewards and gifts) and notify the supervising body of any such offer without being asked to do so and without delay.,
5. notify the place of employment immediately if work has to be missed.
    

§ 5
Employment law principles, duration and scope of employment

(1)       Teaching tutors are employed on the basis of §§ 611 ff BGB in conjunction with § 6 WissZeitVG as employees with fixed-term contracts. Pursuant to § 4 section 4 number 2 of the Hamburg Staff Representation Act of 08.07.2014, last amended on 26. 06.2020 (HmbGVBl. p. 363), they are not considered members of the public service and are thus excluded from the currently valid scope of the collective agreement of the federal states (TV-L).

(2)      The upper employment limit for teaching tutors is six years including all other student employment relationships. The employment contract shall include a provision on the total weekly working hours.

(3)      The average weekly scope of employment of teaching tutors may not exceed 20 hours or 8 SWS including all activities performed outside of this employment.

§ 6
Remuneration and holiday

(1)       The remuneration for student tutors shall be determined by the Human Resources Office of the Free and Hanseatic City of Hamburg in the currently valid overview of other remuneration. Payment shall be made on the last working day of the month of performance to a current account within the Federal Republic of Germany designated by the tutor.

(2)      In the event of incapacity for work caused by illness or accident, the continued payment of remuneration shall be governed by the Continuation of Remuneration Act (Entgeltfortzahlungsgesetz - EntgFG) of 26 May 1994, as amended. This means, for example, that the remuneration is not paid beyond the agreed period of employment (§ 8 Para. 2 EntgFG), that the continued payment of remuneration does not apply if the teaching tutor is culpably incapable of work (§ 3 EntgFG) and that the subrogation in case of third party liability according to § 6 EntgFG applies if the incapacity for work was caused by a circumstance for which a third party is responsible. Incapacity for work must be evidenced by a medical certificate from the first day onwards (§ 5, section 1, sentence 3, EntgFG).

(3)      Holiday leave with continued payment shall be granted in accordance with the provisions of the Federal Vacation Act at the rate of one twelfth of the annual leave for each full uninterrupted month of employment. Full holiday may only be taken after a waiting period of six months of uninterrupted employment. Rest leave shall be taken during the non-instructional period. This may be deviated from with the approval of the supervising body.

§ 7
Certificates

The teaching tutors receive a certificate of their work from the supervising office upon request.

§ 8
Frame of funds

In the annual distribution of the funds of the economic plan, the TUHH shall take into account a contingent that is available for tutorials in accordance with the regulations of these statutes.

§ 9
Termination of employment

1. 1. The employment relationship ends without the need for notice of termination:
2. with the expiry of the contractually agreed period,
3. with exmatriculation,
4. at the end of the semester in which the exam concluding the studies is taken.

1. In all other respects, the general statutory termination provisions (§§ 622 ff.BGB) shall apply.

§ 10
Enforcement of claims

All claims arising from the employment relationship shall be settled with the remuneration, the provision on the continued payment of remuneration in the event of illness and the provision on holiday leave in accordance with these statutes.

These claims must be asserted in writing within a preclusion period of three months after the claim has become due, at the latest three months after termination of the employment relationship.

§ 11
Entry into force

These statutes come into force with their announcement at the TUHH. At the same time, the tutor statutes of 29.11.2006 shall cease to apply.

Hamburg, March 22, 2023

Hamburg University of Technology

This version of the doctoral regulations of the Hamburg University of Technology is not legally binding. Only the German version is legally binding.