Different types of employment (e.g. part time/ for a definite period etc) chapter 3 de

National law – DE– Legal system – module 3

Many people, including the majority of blue-collar workers, white-collar workers and civil servants, will be given a fixed-term full-time employment contract.

An increasing number of people work part-time (Teilzeitarbeit). In addition to “regular” part-time work, which is subject to social security insurance, there are also so-called “mini jobs”, in which the employee may earn up to €450 per month. Many people employed as cleaners, health workers, catering staff and those in the retail trade have these “mini jobs”. The exercise of a slightly paid employment or a short-term employment is allowed in addition to a full social insurance contributions employment. Several slightly paid occupations exercised by one person, these are so to be together. The de minimis limit is exceeded by EUR 450 as a result of aggregation, these pursuits not more than slightly paid occupations, but as fully liable for social security jobs are counted.

One way of adapting to changing conditions is part-time work in its diverse manifestations. The varied working time models such as personal daily and weekly working hours, sabbaticals and gradual transition to retirement are flexible forms of work organisation.

Employers who are responsive to the desires and needs of their employees not only have more satisfied staff, but also benefit from their higher degree of motivation in carrying out their work. Improved motivation leads to higher productivity and a higher standard of work, which ultimately benefit the business.

Talk openly with the employer about their working time preferences. The Federal Agency for work off before you can advise about the advantages and disadvantages of the various forms of work.

Fixed-term-Contract (Befristung) and part-time and fixed contract Law (Teilzeit- und Befristungsgesetz)

  • Without any grounds – two years max. – or four fixed-term contracts (altogether not longer than two years: for instance a consecutive series of six-month contracts).
  • No time lapse between two fixed term contracts can lead to an unlimited contract; a trap for employers which they sometimes step into it. In such a case, the employee can sue the employer and get a permanent contract.
  • When the fixed term contract ends, but the employee continues working and the employer says nothing, the employee automatically gets an unlimited contract. Employers need to watch out for such a situation as in these circumstances, the employee can sue the employer and achieve a permanent contract.
  • With grounds– longer than two years (for instance, the employee is pregnant and is not at work for the next three years (parental leave) – a fixed term contract is possible. A fixed term contract is also possible for a project which is estimated to last five years.

These regulations are referring to the “Teilzeit- und Befristungsgesetz” (TzBfG).

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