When employees want to reduce their working hours, some HR managers are quick to suspect inefficient processes or unfinished tasks. However, the cause often lies not in the working time model, but in the organization. We explain which legal regulations apply to part-time work and provide employers and employees with a general overview.
Part-time career – lifestyle or legitimate desire?
The discussion about so-called “lifestyle part-time work” has received new attention due to demands from the CDU’s SME wing. The question is whether employees should also be entitled to a reduction in working hours for purely private reasons or whether this option should be restricted in future.
The topic is of considerable importance for companies and employees alike: What currently applies? What is legally protected? And what scope is there for employers? We explain:
Is there a constitutional right to part-time work?
For the legal classification, it should first be noted that the Basic Law does not establish a direct entitlement to a reduction in contractually agreed working hours. There is no constitutionally guaranteed right to part-time work.
It is true that Article 12 (1) of the Basic Law guarantees freedom of occupation, including the free choice and exercise of the profession. However, this guarantee does not oblige the legislator to provide for specific working time models or individual working time entitlements. The question of whether and under what conditions employees can reduce their working hours is rather a matter for the legislator to determine in simple law.
The legislator is therefore generally authorized to modify, extend or restrict existing part-time entitlements, provided that the constitutional limits are observed. This legal assessment is also confirmed by a labor law classification in connection with the current political demands for a limitation of part-time entitlements.
Political debate: Legal obligation or a question of employer attractiveness? 🤔
Critics of the current regulations argue that part-time work for so-called lifestyle reasons places an organizational burden on companies, especially small and medium-sized enterprises. Part-time work to raise children or care for relatives, on the other hand, is not up for debate.
On the other hand, it is argued that flexible working time models are a key factor in modern employer attractiveness. Particularly in view of the shortage of skilled workers, many companies are consciously deciding to offer part-time models, regardless of any legal obligation. Regardless of the political debate, however, the current legal situation remains binding until a possible change in the law.
What is the current legal situation? ➡️
In addition to special regulations, for example for parents under the Federal Parental Allowance and Parental Leave Act, there are two central statutory options for reducing working hours under the Part-Time and Fixed-Term Employment Act.
Bridge part-time according to § 9a TzBfG
Bridging part-time work in accordance with Section 9a of the Part-Time and Fixed-Term Employment Act enables a temporary reduction in working hours with a statutory right to return to the original working hours.
Prerequisites:
- The employer has more than 45 employees.
- The employment relationship has existed for more than six months.
- The legal limit of reasonableness has not yet been reached.
The employee reduces his/her working hours for a predetermined period of at least one year and a maximum of five years. At the end of this period, they automatically return to their previous working hours without having to submit a new application.
Entitlement to part-time work in accordance with § 8 TzBfG
The general part-time entitlement under Section 8 of the Part-Time and Fixed-Term Employment Act leads to a permanent reduction in working hours.
Prerequisites:
- The employer has more than 15 employees.
- The employment relationship has existed for more than six months.
- There are no operational reasons to the contrary.
Operational reasons include, in particular, significant impairment of the organization, safety or disproportionate costs. Blanket refusals are not legally sufficient.
As a consequence, working hours are permanently reduced. There is no automatic right to return to full-time work. Employees are only entitled to preferential consideration for vacant full-time positions.
Scope and location of working hours
The part-time entitlement covers not only the scope of working hours, but also their distribution. Employers may only deviate from this if there are specific operational reasons to the contrary. This was clarified by the Federal Labor Court in its ruling of 18.02.2020 (case no. 9 AZR 162/19), among others.
What does this mean for employers and employees?
For employers, the current legal situation means that part-time work is not a voluntary concession, but an enforceable right under certain conditions. Refusals must be carefully examined and documented in order to avoid labor court risks.
For employees, it is crucial that the entitlement is not unlimited. The size of the company, the duration of employment and operational reasons play a key role. Bridging part-time work offers a legally secure way to temporarily reduce working hours.
Short checklist for sensible part-time processes ✅
Part-time employees can be a real asset to teams. The prerequisites for this are clearly defined processes, transparent responsibilities and clarified accountabilities. This checklist will help you to clarify structures in advance.
- Is there a legal entitlement to part-time work?
- Have all relevant deadlines and formalities been observed so that the application can be processed legally?
- Is the scope of working hours clearly defined and the distribution of hours set out in the employment contract?
- Has it been clarified together how working hours can be sensibly divided up and tasks organized in the future?
- Have all relevant contacts and team members been informed of the change, and have tasks been reassigned if necessary?
- Has it been calculated how salary and vacation entitlements will change with immediate effect?
If you can answer all the points with yes, you are already well prepared for the upcoming part-time process. Nevertheless, this checklist cannot and should not replace individual legal advice, but merely serve as support.
Conclusion
Whether the legislator will restrict the right to part-time work in the future is politically unclear. However, there is currently a clearly regulated legal entitlement to part-time work that is not limited to family reasons.
Companies are well advised to establish clear internal processes and see part-time work not only as a legal obligation, but also as a strategic instrument for employee retention.
