Experiences with law on part-time work

More full-time employees than before are seeking to reduce their working hours, while more part-time employees are seeking to increase their hours. This follows the enactment of legislation on part-time work in 2001.

A December 2004 study (255Kb pdf; in German) by the Institute for Employment Research (IAB) analyses companies’ experiences with the Law on part-time and temporary work (23Kb pdf) (Teilzeit- und Befristungsgesetz - TzBfG), which came into effect on 1 January 2001.

Building on a previous analysis (305Kb pdf; in German) from 2002, the study investigates the developments and impact of the legislation. The data are based on the IAB surveys on offers of jobs (in German) in the German economy, which were conducted in 2001 and 2003. The 2003 survey included 7,300 companies. Within this sample, 2,500 companies in West Germany and 2,100 in East Germany are of sufficient size to come under the law.

Law on part-time work

The 2001 legislation on part-time work entitles all employees - including those in executive positions - to work part time, once they are in an employment relationship of more than six months, in companies with more than 15 employees. Part-time work is defined as any reduction of working time in relation to the regular working time. The employers can only reject the request for part-time work if company-related reasons, such as organisation, work flow, safety or unusually high costs, can be asserted. The law emphasises that a mutually satisfactory arrangement should be agreed.

The law includes a provision against any discrimination of employees claiming a reduction in working time, and underlines the principle of equal treatment.

Clause 9 of the law also stipulates that preferential consideration should be given to part-time employees, who wish to increase their working time, in the filling of suitable positions, unless this request conflicts with company-related reasons or the working-time preferences of other part-time employees.

Part-time work

Part-time work is becoming more common in Germany. More than 9.3 million employees worked part time in 2003 - a proportion of 27.3%, according to the IAB data. This signifies an increase of 12 percentage points since 1991 (15%). There are marked differences between West (28.2%) and East Germany (22.5%). More than 50% of part-time work is involuntary in East Germany, compared with just under 10% in West Germany.

Some 80% of employees who work part time are female. This corresponds to almost half of all employed women. The proportion of men working part time is comparatively low (11% in 2003).

Survey results

The second IAB survey of companies and public authorities, conducted in autumn 2003, shows an increased awareness about the legislation. Focusing on companies that are covered by the law, the study reveals an increase in applications for a reduction of working time, particularly in East Germany.

In 8% of companies, employees applied for part-time work. Almost three quarters (73%) of applications were submitted by women. However, the number of applications by men increased in West Germany: at 29%, the proportion is twice as much as it is in East Germany (13%).

The applications for reducing working time are complied with, in most cases. Some 92% of all applications are accepted. Only 4% were turned down in West Germany, compared with 11% in East Germany.

A survey from 2001, by the umbrella federation of the Chambers of Industry and Commerce (DIHK - in German) suggests that preliminary discussions most likely take place in advance of any application to work part time. If these discussions are not favourable, the official application is unlikely to go ahead. This may explain the low number of official rejections.

Usually, employees accept the decision. Forced reductions of working time, based on workers’ rights within the part-time law, were not reported in the survey.

The study also reveals a widespread interest in a return to full-time employment. In 2003, one out of three applications sought an increase in working time. In the first survey in 2001, this relation was one in 13. While, in West Germany, 93% of applications for an increase in working time were accepted, the majority of applications (61%) were rejected in East Germany.