Draft law on bridging part-time work adopted

The Federal Cabinet has passed a draft law on the new right to temporary part-time work (bridging part-time work). For employers with at least 45 employees, employees will in future be able to apply to their employer to reduce their working hours for a period of between one and five years. Employees on permanent part-time contracts will also be able to extend their working hours more easily in future by shifting the burden of proof to the employer.

For employers with at least 45 employees, every employee will in future be able to apply for temporary part-time work after six months of employment. However, special reasons such as raising children are not a prerequisite for entitlement to bridging part-time work.

The fixed-term period can be between one and five years. However, collective agreements can deviate from this to the disadvantage of the employee. After this period, the employee has the right to be re-employed to the original extent. However, if the employee requests a change in working hours, the employee has no right to be employed in the same position. The employer may also assign the employee to an equivalent position within the scope of its right to issue instructions.

According to the draft law, the employer should only be able to reject the application for fixed-term part-time work if there are either operational reasons against it or, in the case of employers with up to 200 employees, there is already one employee on fixed-term part-time work for every 15 employees and the employer has therefore reached the reasonable limit. If the application has been approved, the employee has no right to prematurely extend or reduce their working hours again until the end of the fixed term 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.

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

The law is to apply from January 1, 2019, once it has passed through the parliamentary process.

Date: 14. Aug 2018