Act on the further development of part-time law - introduction of part-time bridging work

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Basic data
Title: Act on the further development of part-time law - introduction of part-time bridging work
Type: Federal law
Scope: Federal Republic of Germany
Issued on the basis of: Art. 74 para. 1 no. 12 GG
Legal matter: Employment Law
References : 800-26, 860-4-1
Issued on: December 12, 2018
( BGBl. 2018 I p. 2384 )
Entry into force on: January 1, 2019
(Art. 3 G of December 12, 2018)
GESTA : G007
Weblink: Text of the law
Please note the note on the applicable legal version.

With the law on the further development of part-time law - introduction of part-time bridge work , the right to a temporary reduction in working hours , the so-called part-time bridge, was introduced in Germany on January 1, 2019 . The CDU / CSU-SPD coalition thus implemented a corresponding agreement in the coalition agreement of February 7, 2018 .

From a legal point of view, part-time work in the bridge was implemented by adding the provision in Section 9a to the Part-Time and Temporary Employment Act (TzBfG) .

content

Bridge part-time

Symbol photo of the Federal Ministry of Labor

According to the new Section 9a (1) TzBfG, employees are generally entitled to a temporary reduction in their working hours, provided that there are no operational reasons to the contrary. The entitlement is not tied to the existence of specific reasons, for example bringing up children or caring for relatives.

The part-time work in the bridge must last at least one year, but not more than five years. At the end of this period, the employee automatically returns to his originally agreed working hours - usually full-time. This “right of return” did not previously exist in legal form.

The right to bridge part-time work only applies without restriction in companies with more than 200 employees. In small businesses with up to 45 employees, there is no entitlement to part-time bridging work. For medium-sized companies (46–200 employees), Section 9a (2) TzBfG contains a rule of reasonableness.

The federal government assumes that the part-time work on the bridge will be used by around 155,000 employees. On the other hand, experts suspect that bridge part-time work will only be attractive to a limited extent for employees because they would have to commit to the duration of part-time work in advance. It is also criticized that the threshold values ​​were set arbitrarily. Employees in smaller companies could not invoke the new regulation at all, whereas employers with 46 employees would immediately hit “the full weight of the law”.

Work on demand

The law on the further development of part-time law also tightened the legal requirements for so-called work on demand . If the duration of the weekly working time is not specified for on-demand work, a working time of 10 hours per week was previously agreed by virtue of legal fiction. The law on the further development of part-time law has increased this weekly working time to 20 hours, see Section 12 (1) TzBfG. According to the explanatory memorandum for the law, this is intended to provide an incentive to actually set a certain length of weekly working hours.

The increase in the fictitious weekly working time can result in the loss of social security exemption for mini-jobbers who do on- demand work: A weekly working time of 20 hours leads to a monthly wage of more than 700 euros due to the minimum wage of 9.19 euros per hour. The wage limit of 450 euros applicable for mini jobs ( Section 8 (1) No. 1 SGB ​​IV ) is thus exceeded. The activity is subject to social security contributions.

The law on the further development of part-time law also limits the maximum duration of possible additional on-demand work through the new Section 12 (2) TzBfG. This should give the employees concerned more planning security.

Demand for bridge part-time work

According to the Ifo Institute for Economic Research , in the first six months since the law came into force, claims for part-time bridge work were asserted in one third of all companies. In the other companies, part-time working on the bridge was not an issue.

literature

Web links

Individual evidence

  1. ^ CDU, CSU, SPD: coalition agreement for the 19th legislative period . February 7, 2018, p. 53 ( cdu.de [PDF; 1.7 MB ; accessed on February 4, 2019]).
  2. ↑ Draft law of the federal government of 19 July 2018, Bundestag printed paper 19/3452, p. 13.
  3. ↑ Jochen Sievers: The new “part-time bridge” . In: Juris - The monthly magazine . No. 3 , 2019, ISSN  2197-5345 , p. 100-107 (107) ( juris.de [PDF; 668 kB ; accessed on February 28, 2019]).
  4. ↑ Draft law of the federal government of July 19, 2018, Bundestag printed matter 19/3452, p. 16.
  5. ↑ Volker Finthammer: New rules for work on demand: Problems for mini jobbers . Deutschlandfunk.de, January 4, 2019 .;
  6. ↑ Draft law of the federal government of July 19, 2018, Bundestag printed matter 19/3452, p. 16.
  7. ↑ Randstad Ifo Personnel Manager Survey: Experience with the Part-Time Bridge Act. Ifo Institute for Economic Research, November 16, 2019, accessed on December 10, 2019 .