With bridging part-time work, it is possible to switch from full-time to part-time work for a while and then return to full-time work. This does not jeopardize the full-time position. However, there are certain conditions that are linked to the entitlement to bridge part-time work. You can find out what these are and how bridging part-time work works in practice in this article.
Bridge part-time work and its regulations
Bridging part-time work is a temporary reduction in working hours. Employees who work full-time may temporarily switch to part-time work. The period for this is determined in advance. Once this period has expired, you automatically return to full-time employment.
Employees are entitled to bridge part-time work. This is stipulated in the Part-Time and Fixed-Term Employment Act (TzBfG). Employers may object to this, but must provide an important reason for doing so. If, for example, the company itself would be at risk as a result, a refusal may be valid.
The period for bridging part-time work is not specified by law, but must be between one and five years. No bridging part-time work can be applied for below and above this level.
Bridging part-time work was introduced a few years ago to avoid the so-called part-time trap. Previously, it was often the case that full-time employees who switched to part-time work were unable to return to their full-time position. This was particularly the case for mothers who temporarily switched to part-time work.
Bridging part-time work therefore only differs from regular part-time work in the previously defined period. It is still possible to switch to regular part-time work. However, employees are then not entitled to return to their full-time position.
The entitlement to bridge part-time work is linked to certain conditions that must be fulfilled or present.
We have already mentioned the period of at least one year and a maximum of five years. However, another period is also important: the employment relationship between employer and employee must have existed continuously for at least 6 months in order to be entitled to bridge part-time work.
In addition, the entitlement to bridge part-time work only exists from a certain company size. The company must regularly have more than 45 employees. This ensures that a company can maintain its business operations at all times.
A reason for the application for bridging part-time work does not have to be given.
When may bridge part-time work be refused?
As already mentioned, employers must give a reason if they wish to reject an application for bridging part-time work. There may be several reasons for this. Most of these are in fact precisely defined by law.
The reasonableness limit
The first reason would be if a company has fewer than 45 employees. This includes all employees who have an employment contract. This includes part-time employees, full-time employees and marginally employed persons. Only trainees are excluded.
It is a little more complicated for companies that have more than 45 but fewer than 200 employees. This is because the statutory reasonableness regulation then applies. This means that bridging part-time work can then be approved for 15 employees at a time.
So a little calculation is required. With 46 employees, there would be 4 bridge part-time approvals. The blocks of 15 employees that have been started always apply. So -1-16-31-46-61-76 and so on. For each new block of 15 employees, a bridge part-time work permit is added.
Here is a table for a better overview:
From 200 employees, this limit no longer applies and bridging part-time work must be approved unless one of the following reasons prevents this.
Operational and other reasons
The operational reasons are primarily that the costs or the organization of the company do not permit bridging part-time work at the relevant time.
One example of this would be shift work and the associated creation of shift schedules. If the entire organization would have to be changed due to bridge part-time work, this is a reason for rejecting bridge part-time work.
Employees are also subject to blocking periods for bridging part-time work. The last bridge part-time must have been at least one year ago. This also applies to a rejected application for bridging part-time work due to the reasonableness limit.
If an application has been rejected for operational reasons, a blocking period of 2 years even applies. This blocking period also applies to an application for permanent part-time work following bridging part-time work.
Another reason for rejection may be an incomplete application for bridging part-time work. The application must be made in text form and submitted at least 3 months before the desired start of bridge part-time work.
The application must contain this mandatory information:
- Start date for bridge part-time work
- End date of bridge part-time work
- The desired working hours (weekly or monthly)
- Days of the week and times at which working hours are to be completed
The application is negotiable by both parties. A different agreement can therefore be reached on working hours or working time points. The agreements must be recorded in the bridge part-time contract.
Conclusion
Bridging part-time work makes it easier for employees to switch from full-time to part-time and back again. However, employers are protected to a certain extent so that their business is not jeopardized.
