Part-Time Employment Under Labor Law: Rights and Obligations for Employees and Employers

Part-time work in Germany has long since ceased to be a marginal phenomenon; rather, it is increasingly shaping the labor market. According to the IAB, in the first quarter of 2026, more than 40 percent of all employed persons worked part-time for the first time —a historic high since records began in 1991. The Federal Statistical Office also confirms this trend: In 2025, the part-time employment rate among salaried employees stood at 31.9 percent, with one in two women (50.6 percent) working part-time, but only one in seven men (14.3 percent). Legally, part-time employment is governed by the Part-Time and Fixed-Term Employment Act (TzBfG) and entails specific rights and obligations for both employees and employers, which often lead to ambiguities in practice.

Key Points at a Glance

• Part-time work is defined by law in § 2 of the TzBfG as working hours that are shorter than those of comparable full-time employees.
• In general, employees are legally entitled to part-time work after six months of employment at companies with more than 15 employees.
• "Bridge part-time work" allows for a temporary reduction in working hours with a guaranteed right to return to the previous number of hours.
• Part-time employees must not be treated less favorably than full-time employees (prohibition against discrimination, § 4 TzBfG).
• In 2025, part-time workers worked an average of 21.3 hours per week—2.0 hours more than in 2015.

What does the law define as part-time employment?

According to Section 2(1) of the Part-Time and Fixed-Term Employment Act (TzBfG), a part-time employee is someone whose regular weekly working hours are shorter than those of a comparable full-time employee in the same company. There is no fixed minimum or maximum number of hours—the sole determining factor is the comparison to the company’s standard full-time workweek. Even marginal employment (minijobs) legally falls under the definition of part-time work but is subject to additional special rules under social security law.

Who is eligible for a reduction in working hours?

Under Section 8 of the Part-Time and Fixed-Term Employment Act (TzBfG), employees have a legal right to a reduction in working hours if the employment relationship has lasted longer than six months and the company regularly employs more than 15 employees. The request must be submitted in writing no later than three months before the desired start date, and the employer may refuse it only for operational reasons. It is interesting to note that, according to Destatis, 27.9 percent of part-time employees in 2024 reduced their hours of their own volition, while 23.5 percent worked part-time to care for family members.

What is "bridge part-time work"?

The “bridge part-time” arrangement under Section 9a of the German Part-Time and Fixed-Term Employment Act (TzBfG) allows employees to reduce their working hours for a limited period of between one and five years, with a guaranteed right to return to their original number of hours. This provision was introduced to mitigate the so-called “part-time trap,” in which many employees—especially mothers—are unable to return to full-time work after reducing their hours. It also applies only to companies with more than 45 employees.

Can an employer simply reject a request to work part-time?

No, a refusal is permissible only if there are operational reasons that preclude it, such as a significant disruption to work organization, operational processes, or safety. According to established case law, general references to “additional organizational burdens” are not sufficient; the employer must specifically explain why the requested work schedule cannot be implemented. If a dispute arises, it is advisable to seek legal counsel early on, especially if there is even a threat of termination. If you are unsure whether your request for part-time work was lawfully denied, speak with an employment lawyer to review your options.

How are part-time employees legally protected compared to full-time employees?

The prohibition against discrimination under Section 4 of the German Part-Time and Fixed-Term Employment Act (TzBfG) prohibits treating part-time employees less favorably than comparable full-time employees because of their reduced working hours, unless there are objective reasons for doing so. This applies in particular to hourly wages, vacation entitlement (pro-rated), access to continuing education, and promotions. In the event of violations, affected employees may assert claims for equal treatment and damages. If unequal treatment even leads to termination, expert legal assistance can be crucial—do not hesitate to seek advice.

How are vacation time, sick pay, and protection against termination calculated for part-time employees?

Vacation entitlement is calculated in proportion to the number of workdays per week, not the number of hours—so someone who works three days instead of five receives 3/5 of the full-time vacation entitlement. For sick pay, the amount is based on the actual part-time salary, while general protection against termination under the German Unfair Dismissal Protection Act applies regardless of the extent of employment, provided the other requirements are met. Particularly in cases of terminations for operational reasons involving part-time employees, errors in the selection process often occur, which can render a termination vulnerable to legal challenge.

Are part-time employees entitled to severance pay if their employment is terminated?

There is generally no statutory automatic entitlement to severance pay, regardless of the scope of employment—severance pay is usually granted through a settlement, a social plan, or under Section 1a of the German Employment Protection Act (KSchG). For part-time employees, the amount of severance pay is typically calculated on a pro-rata basis based on their actual salary, which in practice often results in lower amounts than for full-time employees with the same length of service. Anyone who has received a notice of termination and wishes to negotiate the amount of a potential severance payment should have their legal position assessed early on.

Can part-time employees be required to work overtime?

In principle, only within the scope agreed upon in the contract or if overtime has been expressly agreed upon; a blanket obligation to work unlimited overtime is not permitted. Overtime worked beyond the agreed-upon part-time limit must generally be compensated separately, unless there is a valid contractual provision regarding on-call work (Section 12 of the Part-Time and Fixed-Term Employment Act (TzBfG)). In cases of repeated, unpaid overtime, it is advisable to have your claims reviewed by a lawyer.

Were there any relevant changes to the law regarding part-time work in 2025/2026?

Currently, there is no fundamental reform of the TzBfG; however, as recent Destatis analyses show, the extension of working hours is the subject of intense political and public debate in light of the shortage of skilled workers. The “bridge part-time” provision under Section 9a of the TzBfG remains the key innovation of recent years and is being utilized increasingly. Employers and employees should keep an eye on the political debate, as adjustments to the thresholds or application deadlines cannot be ruled out in the medium term.

What happens if an employer discriminates against a part-time employee after they return from parental leave?

Such discrimination violates the TzBfG as well as the Federal Parental Allowance and Parental Leave Act and is legally impermissible. This is particularly relevant for young families: In 2025, 66.4 percent of working mothers with minor children worked part-time, compared to only 8.6 percent of fathers. Affected employees should document instances of discrimination and, if in doubt, have a labor law expert assess whether a lawsuit—for example, in connection with a subsequent termination—has a reasonable chance of success.

Conclusion

Part-time employment is clearly enshrined in law under the TzBfG and offers employees extensive protections, ranging from equal treatment to the right to return to work after a transitional part-time period. Given the historically high part-time employment rate of over 40 percent in 2026, this issue is becoming increasingly important for employers and employees alike. Anyone who is unsure whether their rights as a part-time employee have been upheld or who faces the threat of termination in connection with a reduction in working hours should consult an employment lawyer at an early stage to clarify their individual options for action.