Bridging part-time work comes into effect on 1.1.2019

For employers with at least 46 employees, employees will in future be able to apply to reduce their working hours for a period of one to five years in accordance with Section 9a TzBfG. This temporary part-time work or bridging part-time work is in addition to the existing options to reduce working hours, e.g. due to raising children or caring for a close relative.

At the end of the chosen period, the employee has the right to be re-employed to the original extent. However, this does not include the right to be employed in the same position. The employer may also assign the employee returning from temporary part-time work to another equivalent position within the scope of its right to issue instructions.

The employer can only reject the application for temporary part-time work if there are either operational reasons to the contrary or if this would be unreasonable for the employer. The legislator considers this to be the case if, in the case of employers with up to 200 employees, one of every 15 employees or part thereof is already working part-time for a fixed term.

If the application for temporary part-time work has been approved, the employee has no right to prematurely extend or reduce their working hours again until the end of the temporary period in order to protect the employer's planning security. After returning to the original working hours, the employee may submit a new application for temporary part-time work after one year at the earliest. This one-year period also applies if the application for temporary part-time work has been rejected.

The employee's application must be made in text form. The application procedure is largely based on the previous procedure for reducing working hours in accordance with Section 8 TzBfG. The employee should submit the application three months before the start of the planned reduction in working hours. The employee and employer should then discuss the application together with the aim of reaching an agreement. If the employer does not notify the employee in writing of its decision on the application at least one month before the planned reduction in working hours, the bridging part-time work is deemed to have been agreed in accordance with the employee's application.

It should also be made easier for employees who are employed part-time for an indefinite period to realize their wish to extend their working hours in accordance with Section 9 TzBfG. Contrary to previous law, the employer, and no longer the employee, should now bear the burden of proof that there is no vacant corresponding position and that other applicants are more suitable.

In addition, an employee should also have the right, regardless of the size of the employer, to discuss their wish to change their working hours with their employer.