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Law on part-time work and fixed-term contracts

Original Language Title: Law on part-time work and fixed-term contracts

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Law on part-time work and fixed-term employment contracts (Part-Time and Freezing Act-TzBfG)

Unofficial table of contents

TzBfG

Date of completion: 21.12.2000

Full quote:

" Part-Time and Freezing Law of 21 December 2000 (BGBl. I p. 1966), which was last amended by Article 23 of the Law of 20 December 2011 (BGBl. 2854).

Status: Last amended by Art. 23 G v. 20.12.2011 I 2854

For more details, please refer to the menu under Notes
This Act is designed to implement-Council Directive 97 /81/EC of 15 December 1997 on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC (OJ L 327, 30.12.1997, p. EC 1998 No 9) and-Council Directive 1999 /70/EC of 28 June 1999 on the framework agreement on fixed-term work concluded by the ETUC, UNICE and CEEP (OJ L 327, 22.9.1999, p. EC 1999 No L 175 p. 43).

Footnote

(+ + + Text evidence from: 1.1.2001 + + +) 
(+ + + Official notes of the norm provider on EC law:
Implementation of the
ERL 81/97 (CELEX Nr: 397L0081)
ERL 70/99 (CELEX Nr: 399L0070) + + +)

The G was decided by the Bundestag as Article 1 of the G v. 21.12.2000 I 1966. It's gem. Art. 4 of this G mWv 1.1.2001 entered into force.

First section
General provisions

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§ 1 Objective

The aim of the law is to promote part-time work, to lay down the conditions for the admissibility of fixed-term contracts and to prevent discrimination against part-time workers and temporary workers. Unofficial table of contents

§ 2 Concept of the part-time employee

(1) Part-time employment is a worker whose regular working week is shorter than that of a comparable full-time employee. If a regular working week is not agreed, a worker shall be employed parttime if his regular working hours are on average for a period of employment up to one year below that of a comparable working period. full-time employee. It is comparable to a full-time employee of the establishment with the same type of employment relationship and the same or similar activity. If there is no comparable full-time employee during the operation, the comparable full-time employee must be determined on the basis of the applicable collective agreement; in all other cases, it must be determined who is in the (2) Part-time employment is also employed by a worker who has a marginal employment in accordance with Article 8 (1) (1) of the Fourth Book of Social Law . Unofficial table of contents

§ 3 Concept of a fixed-term employee

(1) A worker is employed on a permanent basis with a contract concluded for a specified period of time. A contract of employment (fixed-term contract), which is closed for a certain period of time, is available if the duration of the contract is determined by the calendar (fixed-term contract of employment) or if the contract is based on the type, purpose or nature of the work performance (2) Comparable is an open-ended employee of the establishment with the same or a similar activity. Where there is no comparable permanent employed worker in the holding, the comparable permanent employed worker shall be determined on the basis of the applicable collective agreement; in all other cases, it shall be considered who shall be employed in the to be regarded as a comparable permanent employee of a comparable type of activity. Unofficial table of contents

§ 4 prohibition of discrimination

(1) A part-time employee may not be treated in a less favourable manner than a comparable full-time employee because of part-time work, unless objective reasons justify different treatment. A part-time employee shall be granted pay or other divisible monetary benefit at least to the extent that the proportion of his working time in the working time of a comparable full-time employee (2) A fixed-term worker may not be treated in a less favourable manner because of the duration of the contract of employment than a comparable permanent employed worker, unless there are grounds for objecting to the contract. justify different treatment. A fixed-term worker shall be entitled to pay or other divisible monetary benefit granted for a given period of time at least to the extent to which he/she is employed in the proportion of his/her duration of employment. Measurement period is equal to. Where certain conditions of employment are dependent on the duration of the employment relationship in the same establishment or undertaking, the same periods of time shall be taken into account for fixed-term workers as for indefinite periods of employment workers employed, unless a different consideration is justified on objective grounds. Unofficial table of contents

§ 5 Prohibition of deprivation

The employer must not discriminate against a worker on the grounds of the use of rights under this Act.

Second section
Parttime Work

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§ 6 Promotion of parttime work

The employer shall allow the employees, even in managable positions, part-time work in accordance with this law. Unofficial table of contents

Section 7 Call for tender; information on job vacancies

(1) The employer shall also be required to write a job, which he or she writes in public or within the holding, as a part-time job if the workplace is suitable for this purpose. (2) The employer shall have a worker who wishes him/her the wish to: After a change in the length and position of the working time agreed upon in the contract, it has indicated to inform about appropriate jobs to be occupied in the company or in the company. (3) The employer has the employee representation to inform about part-time work in the company and companies, in particular on existing or planned part-time jobs and on the conversion of part-time jobs into full-time jobs, or vice versa. The employee representation must be provided with the necessary documents on request; § 92 of the German Works Constitution Act shall remain unaffected. Unofficial table of contents

§ 8 Reduction of working time

(1) A worker whose employment has been in existence for more than six months may require that his contractually agreed working time be reduced. (2) The worker must reduce his working time and the extent of the worker's working time. The reduction shall be made no later than three months before the start of the It is intended to indicate the desired distribution of working time. (3) The employer has to discuss with the employee the desired reduction in working time with the aim of reaching an agreement. The employer shall reach agreement with the worker on the distribution of working time to be determined by the worker. (4) The employer shall agree to the reduction of working time and shall be distributed according to the wishes of the worker , to the extent that operational reasons do not conflict. An operational reason shall be in particular where the reduction in working time significantly affects the organisation, the work sequence or the safety of the holding, or if it causes disproportionate costs. The grounds for refusal can be determined by collective agreement. Within the scope of such a collective agreement, non-tariff employers and employees may agree on the application of the collective agreements on grounds of refusal. (5) The decision on the reduction of working time and on the The employer shall inform the employee in writing no later than one month before the date of the reduction in question. If the employer and the employee have not agreed on the reduction of working time in accordance with the first sentence of paragraph 3 and the employer has not rejected the working time reduction in writing at the latest one month before the date of the commencement of the work, the working time is reduced in the extent desired by the worker. If employers and employees have not reached an agreement on the distribution of working time in accordance with the second sentence of paragraph 3, the employer shall not distribute the desired distribution at the latest one month before the desired start of the working-time reduction in writing, the distribution of working time shall be deemed to have been determined in accordance with the wishes of the worker. The employer may change the distribution of working time, as determined in accordance with the second sentence of the third sentence or in the second sentence of paragraph 3, if the interest of the worker in the maintenance of the company's interest in the maintenance is substantially greater than that of the employer, and the employer (6) The worker may require a renewed reduction in working time at the earliest after the end of two years, after the employer has agreed to a reduction or has been entitled to refuse to do so. (7) The requirement for a reduction in working time shall be subject to the condition that: the employer, regardless of the number of persons in vocational education and training, usually employs more than 15 employees. Unofficial table of contents

§ 9 Renewal of working time

The employer has a part-time employee who has indicated his wish for an extension of his contractually agreed working time, in the occupation of a corresponding free workplace with the same suitability shall be taken into account, unless urgent operational reasons or working time of other parttime workers are in conflict. Unofficial table of contents

§ 10 Education and training

The employer shall ensure that employees of part-time employees are also able to participate in training and further training measures to promote professional development and mobility, unless urgent operational reasons or training and training measures are taken into account. Further training wishes of other part-time or full-time employees are to be met. Unofficial table of contents

§ 11 Prohibition of dismissal

The dismissal of an employment relationship due to the refusal of a worker to change from a full-time to a part-time employment or vice versa is ineffective. The right to terminate the employment relationship for other reasons remains unaffected. Unofficial table of contents

§ 12 Work on demand

(1) Employers and employees may agree that the worker has to perform his/her work in accordance with the employment situation (work on demand). The agreement must specify a certain duration of the weekly and daily working hours. If the duration of the weekly working time is not fixed, a working time of ten hours shall be deemed to have been agreed. If the duration of the day-to-day working hours is not fixed, the employer must take up the worker's work performance for at least three consecutive hours. (2) The worker is only in work if the employer informs him of the situation of his/her working time at least four days in advance. (3) By means of collective agreements, paragraphs 1 and 2 may also deviate from the employee's benefit if the collective agreement is regulated by the collective agreement. on the daily and weekly working time and the period of advance notice. Within the scope of such a collective agreement, non-tariff employers and employees may agree on the application of the collective agreements on the work on demand. Unofficial table of contents

Section 13 Job division

(1) Employers and employees may agree that several workers share working time in one workplace (job sharing). If one of these employees is prevented from doing work, the other employees are obliged to represent them if they have agreed to the representation on a case-by-case basis. There is also a duty to represent if the contract of employment provides for representation in the event of urgent operational reasons and if it is reasonable in individual cases. (2) If a worker from the workplace is responsible for the employment contract, then the employee is responsible for the employment contract. Dismissal by the employer of the employment relationship of another worker involved in the division of jobs. The right to change notice on this occasion and to terminate the employment relationship for other reasons shall remain unaffected. (3) Paragraphs 1 and 2 shall apply mutatily if there are groups of employees at certain jobs in (4) By means of collective agreements, paragraphs 1 and 3 may also deviate from the worker's benefit if the collective agreement rules on: the representation of employees. Within the scope of such a collective agreement, non-tariff employers and employees may agree on the application of the tariff rules on the division of jobs.

Third Section
Fixed-term contracts

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§ 14 Admissibility of the freezing order

(1) The freezing of a contract of employment shall be permitted if justified by a factual reason. There is an objective reason, in particular, that:
1.
the operational needs for the work performance are temporary,
2.
the duration of the contract is followed by training or studies in order to facilitate the transition of the worker to a post-employment contract,
3.
the worker is employed to represent another worker,
4.
the intrinsic nature of the work justifies the freezing process;
5.
the duration of the test is to be tested,
6.
reasons justifying the freezing of the person of the worker,
7.
the worker is remunerated from the budget for a fixed-term employment, and he is employed accordingly, or
8.
the freezing order is based on a judicial settlement.
(2) The calendar term of a contract of employment without the existence of a factual reason is permissible up to a period of two years; up to this total duration of two years, the maximum of three-fold prolongation of a calender is also valid. temporary employment contract. A fixed-term period in accordance with the first sentence shall not be allowed if the same employer has previously had a fixed-term or non-fixed-term employment relationship. By means of collective agreements, the number of renewals or the maximum duration of the freezing order may be determined by way of derogation from the first sentence. Within the scope of such a collective agreement, non-tariff employers and employees may agree on the application of the collective agreements. (2a) In the first four years following the establishment of a company, the calendar is Duration of a contract of employment without the existence of a factual reason up to a period of four years allowed; up to this total period of four years, the multiple extension of a contract of fixed-term contract is also admissible. This does not apply to start-ups in the context of the legal restructuring of companies and groups. The date on which the company was founded is the admission of a gainful activity, which is to be communicated to the municipality or the tax office pursuant to § 138 of the tax regulations. Paragraph 2, sentence 2 to 4, shall apply to the freezing of a contract of employment in accordance with the first sentence of sentence 1. (3) The calendar-like freezing of a contract of employment without the existence of a factual reason shall be permitted for a period of five years, if the employee at the beginning of the fixed-term employment relationship, the 52. It has been unemployed for at least four months immediately prior to the start of the fixed-term employment relationship within the meaning of Section 138 (1) (1) of the Third Book of the Social Code, related to transfer short-time work, or has participated in a publicly funded employment measure in accordance with the Second or Third Book of Social Law. Up to the total duration of five years, the working contract may also be extended several times. (4) The duration of a contract of employment shall require the written form to be effective. Unofficial table of contents

§ 15 End of the fixed-term employment contract

(1) A fixed-term contract of employment ends with the expiry of the agreed time. (2) A purpose-limited employment contract ends with the purpose of reaching the purpose, but not at the earliest two weeks after the written information of the employee has been given access to the contract. by the employer as to the date of achievement. (3) A fixed-term employment relationship shall be subject to the ordinary termination of the contract only if this is agreed in a single contract or in the applicable collective agreement. (4) for the life of a person or for a longer period of time than five years , it may be terminated by the worker at the end of five years. The period of notice shall be six months. (5) If the employment relationship is continued after the expiry of the time for which it has been received, or after the achievement of the purpose with the knowledge of the employer, it shall be deemed to be extended for an indefinite period if the The employer does not immediately contradiction or inform the employee of the achievement of the intended purpose without delay. Unofficial table of contents

§ 16 Consequences of inefficient freezing

If the duration of the contract is legally ineffective, the fixed-term employment contract shall be deemed to have been concluded for an indefinite period of time; it may be terminated by the employer at the earliest on the agreed end, unless the ordinary termination of the contract in accordance with Section 15 (3) at an earlier date. If the duration of the contract is not effective only because of the lack of the written form, the contract of employment may also be terminated properly before the agreed end. Unofficial table of contents

§ 17 Call to the Labour Court

If the employee wishes to assert that the freezing of a contract of employment is legally ineffective, he must, within three weeks after the agreed end of the fixed-term contract, bring an action before the Labour Court for a determination, that the employment relationship is not terminated because of the freezing. § § 5 to 7 of the termination protection act shall apply accordingly. If the employment relationship is continued after the agreed end, the time limit set out in the first sentence shall begin with the receipt of the written declaration by the employer that the employment relationship shall be terminated on the basis of the freezing order. Unofficial table of contents

Section 18 Information on permanent jobs

The employer has to inform the fixed-term employees of the corresponding permanent jobs to be filled. The information may be provided by means of a general announcement at the appropriate place, accessible to employees, in the establishment and in the undertaking. Unofficial table of contents

Section 19 Education and training

The employer shall ensure that temporary employees may also take part in appropriate training and training measures to promote professional development and mobility, unless there are urgent operational reasons for such training. or the training and further training wishes of other employees. Unofficial table of contents

Section 20 Information on the representation of employees

The employer has to inform the employee representation of the number of temporary employees and their share of the total workforce of the company and of the company. Unofficial table of contents

Section 21 Employment contracts conditional on dissolation

If the employment contract is concluded under a resolving condition, § 4 (2), § 5, § 14 (1) and (4), § 15 (2), (3) and (5) and § § 16 to 20 shall apply accordingly.

Fourth Section
Common rules

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Section 22 Deviating agreements

(1) Except in the cases of § 12 para. 3, § 13 para. 4 and § 14 para. 2 sentence 3 and 4, the provisions of this law may not deviate from the employee's benefit. (2) Contains a collective agreement for the public service provisions in the According to § 8 (4) sentence 3 and 4, § 12 (3), § 13 (4), § 14 (2) sentence 3 and 4 or § 15 (3), these provisions shall also apply between non-tariff-bound employers and employees outside the public service if the application the contractual provisions applicable to the public service are agreed between them and the Employers cover the costs of the operation mainly with benefits in the sense of budgetary law. Unofficial table of contents

§ 23 Special statutory regulations

Special regulations on part-time work and on the freezing of employment contracts in accordance with other statutory provisions remain unaffected.