Take Back Your Time: Claiming Part-Time Gigs - The Key Requirements You Need to Know
Criteria for Part-Time Employment: Complying with These Requirements
Hop on the socials: Facebook Twitter Whatsapp E-Mail Print Copy Link More fun, less grind: Part-time gigs offer the chance to fit life outside work into your schedule. But when does it become a legitimate demand?
Fancy stepping down a gear or two in the working world? If you're planning to ask for part-time hours, ensure you first meet the conditions for making a claim. Lawyer Volker Görzel, a labor law specialist from Cologne and a member of the Association of German Labor Lawyers (VDAA), outlines the instances when employers are legally compelled to approve part-time work.
Part-time claim: What factors should I consider?
First and foremost, ask yourself these three questions:
- Company Size: According to the Part-time and Fixed-term Employment Act (TzBfG), the company must have a minimum of 15 full-time employees.
- Employment Duration: To be eligible for part-time work, you must have worked there for at least six months.
- Application Timing: The application must be submitted in writing to the employer at least three months before the desired part-time work begins.
If all these criteria are met, you have a basis for requesting part-time work. Your next step is a meeting with your employer, which is mandatory on their part. The aim is to find a consensus together. The employer is also obligated to offer part-time positions without charge.
When can the employer turn me down?
Despite this, the employer can reject your application if there are compelling operational reasons against part-time work, according to Volker Görzel. For instance, if excessive costs are threatened, operational safety is at risk, or critical workflows are disrupted.
However, the employer must provide a written justification for their refusal within a month. Failing to do so means that part-time work is automatically approved.
Flex Part-Time: Temporary Reduction in Work Hours
By the way: In companies with over 45 employees, employees can also request so-called Flex Part-Time work. This refers to reducing your work hours for a specified period of anywhere between one year and up to five years, with the assurance of returning to full-time work later.
More on the subject Part-time work, fixed-term employment, temporary work: The rights of non-standard employees
In companies with regularly less than 200 employees, a so-called reasonableness regulation comes into play. This means: Employers can deny an application for Flex Part-Time work if it has already been granted to too many employees. This applies if it has already been granted to one employee per completed 15 employees, as explained by the Federal Ministry of Labor.
Example: If the company regularly employs more than 45 to 60 employees, the aforementioned regulation applies if at least four employees are already working part-time.
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- The Community policy on part-time work, as outlined in the Part-time and Fixed-term Employment Act (TzBfG), requires a company to have a minimum of 15 full-time employees and an employee to have worked there for at least six months.
- Completing vocational training can reduce the operational reasons that an employer might have for turning down a part-time work request, as it demonstrates the employee's ability to handle their responsibilities.
- Whatsapp can be used to communicate and collaborate with an employer, potentially making it easier to schedule the mandatory meeting to discuss a part-time work request, as long as the meeting is confirmed in writing.
