Bridging part-time work allows employees in Germany to reduce their working hours for a limited period of time and then return to their original working hours. This concept, firmly anchored in German labor law, offers flexibility in various phases of life, be it for the care of relatives, further training or simply for a better work-life balance. But what rights and obligations do you have as an employee during and after this temporary part-time work? This blog post highlights the most important aspects you should know.
What is bridge part-time work?
Bridging part-time work was introduced in Germany on January 1, 2019 and is regulated in the Part-Time and Fixed-Term Employment Act (TzBfG), more precisely in Section 9a TzBfG. It supplements the existing entitlement to permanent part-time work in accordance with Section 8 TzBfG. The main difference and advantage of bridging part-time work lies in the statutory entitlement to return to the original working hours at the end of the previously defined period. This entitlement to return gave many employees the necessary security that they may have previously lacked with an indefinite reduction in their working hours.
The aim of bridging part-time work is to give employees more planning security and the opportunity to continue their career seamlessly after a phase of reduced working hours. No special reasons are required to apply for bridging part-time work.
Requirements for your claim
In order for you as an employee to apply for bridging part-time work, certain requirements must be met:
Duration of the employment relationship
At the time of application, your employment relationship must have existed for more than six months without interruption in the same company.
Company size
The entitlement to bridge part-time work generally only exists in companies with more than 45 employees. When calculating the number of employees, the so-called "head principle" is generally applied, whereby each employee counts as a full employee, regardless of the number of hours they work (including part-time employees). Trainees are not included in this calculation. According to the prevailing view, temporary workers are also not taken into account.
For companies with 46 to 200 employees, there are additional reasonableness limits. This means that an employer of this size can reject an application for bridging part-time work if a certain ratio of employees on bridging part-time work to the total number of employees has already been reached at the start of the desired reduction. Specifically, the employer may refuse if there is already one employee on bridge part-time for every 15 employees or part thereof. When calculating this ratio, only those employees who are on bridge part-time work count, not other part-time models.
Duration of bridge part-time work
The bridge part-time work you apply for must have a minimum duration of one year and may last a maximum of five years. The exact number of hours by which you would like to reduce your working hours is not limited by law.
The application: form and deadlines
The application for bridging part-time work must be made in text form. This means that an e-mail is sufficient; a handwritten signature is not mandatory.
The application must be received by the employer at least three months before the desired start of the bridge part-time work. It is advisable to state in the application not only the desired period of reduction (start and end date) and the extent of the reduced working hours, but ideally also the desired distribution of working hours over the individual days or weeks. Although the application is also effective without a distribution request, the specific location of the working hours is then subject to the employer's right of direction.
Failure to comply with the three-month deadline may result in your application being rejected. While in the case of an application for permanent part-time work, a deadline that is too short is often interpreted to mean that part-time work begins at the earliest possible date, this is not always the case with bridging part-time work. However, the employer can waive compliance with the deadline.
Your employer is obliged to discuss your request for bridging part-time work with you in order to reach an amicable agreement. The employer must inform you of its decision in text form no later than one month before the planned start of bridge part-time work. If no rejection is made within the deadline, the bridging part-time work is automatically deemed to have been agreed in accordance with your application.
Rights during bridge part-time work
While you are on bridging part-time work, the regulations for part-time employees apply. Your entitlement to remuneration is reduced in proportion to the reduced working hours. However, there may be no reduction in performance-related pay that is based directly on your performance. Benefits in kind, such as a company car for private use, are generally not affected by the reduction and cannot be withdrawn.
It is important to know that you are not legally entitled to reduce or increase your working hours again or to return to your original working hours early during the agreed bridge part-time period. A change in working hours during bridge part-time work is only possible by mutual agreement with your employer.
The entitlement to bridging part-time work does not necessarily relate to employment in your previous job. Your employer can also assign you another, equivalent job within the scope of their right to direct you.
Employer obligations and possible grounds for refusal
Even if you meet the requirements, your employer may reject your application for bridging part-time work under certain circumstances. The main reasons for a rejection are
Operational reasons
Your employer can reject your application if there are urgent operational reasons for not allowing part-time bridging. What exactly counts as an urgent operational reason is often assessed on the basis of the case law on Section 8 (4) TzBfG. The employer bears the burden of presentation and proof for this. This means that in the event of a dispute, the employer must provide precise reasons and, if necessary, prove why your desired reduction in working hours would significantly affect the business. This may be the case, for example, if the organization of work processes would be made considerably more difficult by your reduced working hours or if disproportionate costs would be incurred.
Reasonableness limit for medium-sized companies
As already mentioned, employers with 46 to 200 employees can reject your application if the legally defined reasonableness limit is reached with regard to the number of employees already employed in bridge part-time work.
Formal errors
Even if you do not meet the deadline for submitting an application, the employer can reject your application.
If several employees apply for bridging part-time work at the same time and the reasonableness limit would be exceeded as a result, the employer must make a selection at its reasonable discretion. The personal, social and family circumstances of the employees must be taken into account.
If your employer rejects your application, they must inform you of this in text form at least one month before the desired start of the bridging part-time work.
The return to the original working hours
The main advantage of bridging part-time work is your legal entitlement to automatically return to your original contractually agreed working hours (full-time or part-time) at the end of the agreed period. You do not need to submit a new application for this. This automatic return ensures the planning security mentioned at the beginning.
Even when you return, there is no automatic entitlement to your exact previous job. Your employer may, within the scope of its right to issue instructions, assign you a different, equivalent job that corresponds to your original working hours.
Re-application and blocking periods
In principle, after successfully completing a bridging part-time period, you can apply again for bridging part-time or permanent part-time work. However, there are blocking periods to be observed:
- After returning from bridging part-time work, you can request another reduction in your working hours (whether bridging part-time or permanent part-time) after one year at the earliest.
- If your application for bridging part-time work was justifiably rejected by your employer for operational reasons, you can submit a new application for a reduction in working hours after two years at the earliest.
- If your application was justifiably rejected due to the reasonableness limit for medium-sized companies, you can request a reduction in working hours again after one year at the earliest.
It is important to note that you cannot apply for an indefinite reduction or extension of your working hours under the TzBfG during the period of bridging part-time work.
What to do in case of problems?
Employment law in Germany is complex and although the regulations on bridging part-time work aim to provide clarity, discrepancies can arise in individual cases. If you feel that your entitlement to bridging part-time work has been ignored by your employer, your application has been wrongly rejected or there are problems during or after bridging part-time work, you should not hesitate to seek support.
A first point of contact can be the works council in your company, if one exists. The works council has information rights and can support you with clarification and, if necessary, act as a mediator.
In addition, advice from an experienced employment lawyer can be very helpful. A lawyer can examine your individual situation, inform you of your rights and represent you legally if an out-of-court settlement is not possible and legal action becomes necessary.
Conclusion
Bridging part-time work is a valuable tool that offers employees more flexibility in organizing their working hours and enables them to return to full-time or original part-time work. As an employee, you should be aware of your rights and obligations in connection with bridging part-time work, particularly with regard to the eligibility requirements, the application procedure, the duration of the reduction and the blocking periods for renewed applications.
Find out about the regulations in your company at an early stage and adhere to the statutory deadlines when submitting your application. If you have any questions or problems, do not hesitate to consult the works council or a lawyer specializing in employment law. Good preparation and a sound knowledge of your rights under employment law will help you to make the most of the opportunities offered by bridging part-time work and successfully reconcile your career with your personal needs.
