The basic entitlement to part-time work is enshrined in law in Sections 8 and 9a TzBfG. These regulations are intended to make it easier for employees to switch from full-time to part-time work. They are also intended to help overcome the often negative attitude of employers towards part-time work.

Part-time work is enshrined as a legal entitlement in employment law

Employee wishes that are feasible should also be implemented. Anyone who has such a wish does not have to justify it with the need for childcare or other family concerns. Health reasons, voluntary work or existing training opportunities can also motivate employees to reduce their weekly working hours. The right to part-time work therefore helps to improve equal opportunities between men and women and generally makes it easier for employees to reconcile their private and professional lives.

Requirements for a part-time entitlement

Anyone wishing to claim part-time work must have been employed for more than six months. For the right to unlimited part-time work (Section 8 (1) TzBfG) to exist, there must generally be more than 15 employees in the employer’s company. Trainees are not counted when determining the relevant number of employees in the company.

Applying for part-time work – information for employees

The request for a reduction in working hours and its scope must be notified to the employer in text form at least three months before the desired start of part-time work. Sending an e-mail is sufficient to comply with the text form requirement. If possible, the employee should also specify the desired distribution of working hours (Section 8 (2) TzBfG).

Details should be clarified in discussion

However, the fact that employees have a fundamental right to work part-time does not mean that they can unilaterally reduce their working hours and determine their distribution. The Part-Time and Fixed-Term Employment Act merely strengthens the employee’s negotiating position so that a solution can be found that makes sense for both parties to the employment relationship. Once the application for part-time work has been submitted by the employee and acknowledged by the employer, the next step is a discussion to clarify the details. This is also expressly provided for in the law.

§ 8 Abs. 3 TzBfG:

„The employer must discuss the desired reduction in working hours with the employee with the aim of reaching an agreement. He must reach agreement with the employee on the distribution of working hours to be determined by him.“

The legislator therefore assumes that the employer and employee are generally in a position to reach a mutual agreement to reduce working hours. If the employer does not reject the reduction in working hours requested by the employee in writing at least one month before the desired start date, the agreed working hours are automatically reduced to the extent requested by the employee (Section 8 (5) sentences 2, 3 TzBfG).

Law supports employees who wish to work part-time

In addition to the entitlement enshrined in Section 8 TzBfG, the law contains further provisions to make it easier for employees to negotiate the specific circumstances of the part-time employment relationship. For example, Section 5 TzBfG expressly prohibits employers from discriminating against employees because they make use of their right to part-time work. This prohibition includes any form of discrimination in connection with the fact that the employee has applied for a reduction in working hours. A dismissal based on this circumstance would be invalid in accordance with Section 134 BGB because it violates a statutory prohibition.

Employer can refuse to reduce working hours

However, the law does not ignore the employer’s interests. The employer only has to agree to a reduction in working hours and their distribution in accordance with the employee’s wishes if there are no operational reasons to the contrary (Section 8 (4) sentence 1 TzBfG). Such an operational reason exists in particular if the reduction in working hours significantly impairs the organization, workflow or safety in the company or causes disproportionate costs (Section 8 para. 4 sentence 2 TzBfG). This exemplary list makes it clear that, on the one hand, not just any reason for refusal is sufficient, but on the other hand, the employer should also be prevented from being overburdened by the exercise of the right to part-time work. Specific reasons for refusal can also be set out in collective agreements (Section 8 (4) sentence 3 TzBfG).

Furthermore, even after part-time work has already been agreed, the employer still has the option of reversing or changing it if operational interests so require (Section 8 (5) sentence 4 TzBfG). However, the interests of the employer must significantly outweigh those of the employee.