Part-time entitlement under § 8 TzBfG: open-ended part-time work
The Part-Time and Fixed-Term Employment Act (TzBfG) gives employees, under certain conditions, a legal right to reduce their working hours.
Requirements:
| Requirement | Details |
|---|---|
| Size of establishment | More than 15 employees (excluding apprentices) |
| Length of service | At least 6 months |
| Application deadline | At least 3 months before the desired start |
| Form | Text form (letter, e-mail) |
Important: the employer can only reject the application for operational reasons, for instance a considerable impairment of the organisation, the workflow or safety in the establishment. The requirements for a rejection are high.
Drawback: part-time work under § 8 TzBfG is open-ended. There is no automatic right to return to the original working hours. Many employees speak of the part-time trap here.
Bridge part-time under § 9a TzBfG: part-time with a right of return
Since 2019 there has been so-called bridge part-time: a temporary reduction of working hours with a guaranteed return to the original number of hours.
Requirements:
| Requirement | Details |
|---|---|
| Size of company | More than 45 employees |
| Length of service | At least 6 months |
| Duration of part-time | At least 1 year, at most 5 years |
| Application deadline | At least 3 months before the desired start |
| Form | Text form |
| Waiting period after returning | 1 year until the next application |
Grounds for rejection: besides operational reasons there is an overload safeguard for smaller companies (46 to 200 employees): for every 15 employees begun, at most one employee may be on bridge part-time. If this quota is exceeded, the employer may reject the request.
Advantage: once the agreed period ends, you automatically return to your previous working hours, with no application and no approval needed.
Part-time work during parental leave
During parental leave you have a separate entitlement to part-time work under § 15 (7) BEEG.
Requirements:
| Requirement | Details |
|---|---|
| Size of establishment | More than 15 employees |
| Length of service | At least 6 months |
| Working hours | Between 15 and 32 hours a week |
| Duration | At least 2 months |
| Application deadline | 7 weeks in advance (for parental leave in the first 3 years of the child’s life) |
Part-time work during parental leave has a particular advantage: you keep the special protection against dismissal that comes with parental leave, and when it ends you automatically return to your original contract.
Comparison of the three part-time models
| Feature | § 8 TzBfG | § 9a TzBfG (bridge) | § 15 BEEG (parental leave) |
|---|---|---|---|
| Fixed term | No | Yes (1 to 5 years) | Yes (duration of parental leave) |
| Right of return | No | Yes (automatic) | Yes (automatic) |
| Minimum size of establishment | 15 employees | 45 employees | 15 employees |
| Protection against dismissal | Normal | Normal | Special protection |
| Weekly hours | Freely selectable | Freely selectable | 15 to 32 hours |
How to make the application properly
1. Application in text form: put your request in writing, by letter or e-mail. State from when and by how much you want to reduce your working hours.
2. State the desired distribution: specify concretely how the reduced hours should be spread across the days of the week. This strengthens your negotiating position.
3. Observe the deadline: the application must reach the employer at least three months before the desired start. Shorter deadlines apply to parental part-time.
4. Wait for the employer’s response: the employer must reject the application no later than one month before the desired start (under § 8 and § 9a TzBfG). If it does not, the part-time arrangement is deemed approved.
What to do if the request is rejected
If the employer rejects your part-time request, examine the reasons closely. Blanket references to operational reasons are not sufficient. The employer must set out specifically why the part-time arrangement would considerably impair operations.
If the rejection is not sufficiently reasoned, you can enforce your entitlement before the labour court. In many cases, however, a solution can also be found through a conversation.
This article provides general information and does not replace individual legal advice. Every case is different. If you have specific questions, we recommend seeking legal support at an early stage.
