Having student status comes with many privileges, tax breaks, and simplified contribution requirements – as long as specific conditions under the law are met. On the other hand, losing student status means a change in employment rules and the obligation to pay social security and health insurance contributions.
In this article, we comprehensively discuss what student status is, when it expires, what significance it has for the job market, and what obligations employers have. We also indicate practical solutions that help maintain legal compliance and optimize employment costs.
What is Student Status?
According to the Higher Education and Science Act of July 20, 2018, student status is obtained by a person who has been admitted to undergraduate studies (bachelor’s degree), graduate studies (master’s degree) or long-cycle master’s degree programs – and has taken the academic oath.
This status does not apply to students of postgraduate studies, or doctoral students (participants in third-cycle studies), even if they study within the structures of higher education institutions. Having student status entitles one to use a student ID card, which documents membership in the academic community and opens the door to numerous discounts and benefits.
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What Benefits Does Student Status Provide?
Student status brings a range of benefits:
- discounts on public transportation and national travel (e.g., 51% discount on rail travel),
- discounts on cinema tickets, museum admission, and cultural events,
- the opportunity to use cheap or free courses and training organized by universities,
- the right to exemption from paying social security contributions if the student is employed under specific conditions,
- the right to academic and social scholarships.
When Does Student Status Expire?
One of the most important aspects that both the student and employer must know is when student status expires. It is not valid throughout the entire calendar year.
The Law Indicates that Student Status Expires:
- on the day of taking the diploma exam (this applies to both bachelor’s and master’s studies),
- on the day of passing the last required exam (e.g., for medical, dental, or veterinary programs),
- on the day of completing the last professional internship (e.g., in the case of pharmacy),
- it does not expire during a dean’s leave.
Although the student ID card remains valid until October 31 of the year of graduation, student status expires earlier – on the day of taking the diploma exam.
Loss of Student Status – What Does it Mean for the Employer?
If a student is employed under a contract of mandate and their status expires (e.g., due to defending their bachelor’s thesis), from that moment the employer is obligated to register this person with ZUS and pay social security contributions.
In Practice:
- Student under 26 years of age employed under a contract of mandate is not subject to contribution requirements as long as they have student status.
- After completing undergraduate studies, if the student has not yet started graduate studies, they lose their status – even if the ID card is still valid.
- After losing status, contributions to ZUS must be calculated and paid as for any other employee.
Removal from the Student List – other Forms of Status Loss
Besides formally completing studies, a student may be removed from the student list for various reasons – according to Article 108 of the Higher Education and Science Act . This includes situations such as:
- resignation from studies,
- not starting education after being admitted to the university,
- failing a semester,
- absence from classes,
- lack of progress in studies,
- not submitting a thesis on time,
- not taking the diploma exam,
- disciplinary penalties, e.g., expulsion from the university.
Removal from the list automatically means loss of student status – which also obligates the employer to change how they account for the employee.
How to Confirm Student Status?
Although a student ID card may seem sufficient proof of having student status, in practice – it is not enough. According to ZUS interpretations, the employer should require a certificate from the university.
Why?
Even if the document (ID card) is current, the student may have already been removed from the list or defended their thesis – and thus formally lost student status.
Moreover, according to personal data protection regulations, the employer should not keep photocopies of the ID card because it contains a photo and sensitive data.
Health Insurance and Students
A student should be registered for health insurance by their family (e.g., parents) or by the university. Universities are obligated to insure students who are over 26 years old.
In case of losing student status, e.g., by taking the diploma exam, the insurance registration by the university is withdrawn, but the person retains the right to health services for another 4 months.
Contract of Mandate and Student – Rules
- A contract of mandate with a person under 26 years of age who has student status does not generate an obligation to pay social security contributions.
- After losing status, a contract of mandate is subject to the same contribution rules as for any adult.
- Age does not matter if the person is employed under an employment contract – in such a case, a full set of insurance always applies (retirement, disability, sickness, accident).
Employment Contract and Student Status
Employing a student under an employment contract involves a full package of contribution obligations – regardless of age or status. The employer must pay contributions, including:
- retirement,
- disability,
- sickness,
- accident.
It’s worth paying attention to the form of contract when employing students – as this is a key factor in terms of employer costs.
Employer and Information Obligation
Employers should implement procedures that allow them to continuously monitor the student status of an employee. In case of a ZUS audit, lack of current data or registrations may result in a financial penalty.
It’s not worth relying solely on verbal declarations – all documentation of academic status should come directly from the university in the form of an official certificate.
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Summary
Student status is not just about education, but also a range of real benefits – discounts, allowances, and access to many services. It facilitates daily functioning and opens up opportunities for academic and professional development. It’s a unique time that’s worth taking full advantage of.
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FAQ – Frequently Asked Questions
Who Receives Student Status?
Student status is granted to a person who has been admitted to undergraduate studies (bachelor’s degree), graduate studies (master’s degree) or long-cycle master’s degree programs – and has taken the academic oath. This moment grants student status in the eyes of the law.
Do Postgraduate Studies Provide Student Status?
No. Postgraduate studies do not provide student status. Students of such programs do not have formal student status, and therefore they are not entitled to privileges associated with student status, such as exemption from paying ZUS contributions in the case of civil law contracts.
When Do You Formally Lose Student Status?
Student status expires on the day of taking the diploma exam – this applies to both bachelor’s and master’s studies. For medical or pharmacy programs, this moment may depend on completing the last internship or exam specified in the curriculum. Therefore, formally, student status expires on the day of defending the thesis, not at the end of the academic year.
Does a Student ID Card Confirm that a Person Has Student Status?
Not entirely. Although active student status is usually associated with having a valid ID card, the ID card alone is not a sufficient document in case of an audit, e.g., by ZUS. Therefore, the employer should require a certificate of student status issued by the university – this is a document confirming student status at a given time.
How Long Can a Student Use Discounts after Completing Studies?
After defending the thesis, student status expires on the day of the exam, but the ID card may be valid until October 31 of that year. However, this does not mean that the student still has rights resulting from the status. The employer should not rely solely on the validity of the ID card, because student status is lost earlier.
Does a Student under 26 Years of Age Have to Pay ZUS Contributions?
No, if they work under a contract of mandate and have active student status. Student status and employment under a mandate gives a benefit: no obligation to pay ZUS contributions. After turning 26, the student must be registered for health insurance by the university, family, or employer.
Does a Student after Obtaining a Bachelor’s Degree Still Have Student Status?
No. Although student status is granted on the day of taking the oath, one loses student status at the moment of defending the bachelor’s thesis. The period between undergraduate and graduate studies is a gap without student status, even if the ID card still appears valid. During this time, contributions must already be paid.
Is Student Status Restored after Starting Graduate Studies?
Yes. Student status is restored when a person is admitted to graduate studies and takes a new academic oath. Then they can again enjoy privileges associated with student status and be employed under preferential conditions.
Does the University Automatically Register Students for Insurance?
Yes – higher education institutions register students for health insurance, unless they are registered by family or employer. After student status expires, e.g., due to graduation, the university deregisters the student, but the right to use the National Health Fund services continues for another 4 months.
How Does an Employer Verify Student Status?
An employer verifies student status through a certificate from the university, issued at the student’s request. This certificate confirming status may be required when entering into a contract, as well as regularly during the course of cooperation.
Can a Student be Employed under an Employment Contract without Contributions?
No. Employing a student under an employment contract involves the obligation of full insurance – regardless of their age and status. Student status allows for no contributions only with a contract of mandate or contract for specific work, if additional conditions are met.
Does Pupil Status Work the Same as Student Status?
Not entirely. Pupil status applies to people in high schools and provides similar entitlements, e.g., to family insurance. However, in the context of employment and the obligation to pay insurance contributions, it does not always provide the same privileges as student status.
What if a Student is Removed from the List of Students at a Higher Education Institution?
In such a case, student status expires immediately. Removal from the list of students at a higher education institution may occur due to failing a semester, resignation, or lack of payments. From that moment, the student loses student status, and the employer must start calculating contributions as for a regular employee.
Does an Employer Have the Right to Request a Certificate of Student Status?
Yes. According to the Labor Code, an employer may request a certificate of student status to properly fulfill obligations towards ZUS. This is particularly important for student status when entering into a contract of mandate, as it helps avoid penalties and errors in settlements.
