12-05-2018Article

Advent Calender 2018

Welcome back – from 2019, new part-time rules apply

Part-time work limited to between one and five years and then returning to the previous working hours: The law passed by the German parliament on October 18, 2018 on the introduction of limited part-time work makes it possible. From January 1, 2019, employees will be entitled to what is referred to as bridge part-time work.

It should be noted that the law on bridge part-time work only applies to companies with more than 45 employees. Employees of these companies will have the right to demand a temporary reduction in their working hours in the future. In companies with 45 to 200 employees, employers must only grant the right to bridge part-time work to one in every 15 employees; this passage is referred to as the “reasonable threshold.” Trainees are not be taken into account in the number of employees.

Individuals wanting to work part-time for a limited period will have to make decisions from the beginning on: During bridge part-time work period, there is no entitlement to additionally reduce or increase the working hours or to return early to the originally contractually agreed working hours; such is only possible with the employer’s consent. Employees must choose a fixed period of one to five years in advance for their reduced working hours. The same applies as in part-time work law: The employment relationship must have been in existence for longer than six months. In addition, part-time work must be applied for in text form from the employer at least three months prior to the start of the relevant period.

If these conditions are met, employers are generally obligated to grant the bridge part-time work. Only the reasonableness threshold or “operational grounds” entitle the employer to reject applications for bridge part-time work. It will be difficult to reject the request for part-time work on operational grounds, however. Operational grounds are given if the reduction in working hours significantly impairs the organization, workflow, or safety in the business or causes disproportionate costs. The generally conceivable objection that short-term bridging of the loss of working hours causes disproportionate costs is limited by strict jurisdiction. If employers reject the application, they must do so in writing at least one month prior to the start of the requested part-time bridge work and submit additional reasons for their rejection. If applications are not rejected in due form and time, the bridge part-time work is deemed to have been approved. Employees will then be able to work part-time for a limited period as requested.

If the right to bridge part-time work is exercised, considerable additional organizational work may be involved for employers. For the period during which employees make use of bridge part-time work, replacement employees who also work part-time must be hired for a limited period or the volume of work must be redistributed to other employees. Whether this can be implemented at all, given the general shortage of skilled workers, therefore remains to be seen. Employers may resort to fixed-term contracts and personnel leasing (Link auf Video) to ensure temporary capacity coverage.

Companies must also be able to offer individuals returning from bridge part-time work a contractually agreed job at their previous working hours. Employees are generally not entitled, however, to be employed at the same workplace with the reduced working hours or after returning from bridge part-time work. Employers may assign them an equivalent job within the scope of their right of direction under the employment contract.