part-time work
All important information on the prerequisites, application and approval of part-time work for Leuphana's salaried employees can be found below. The notes provide information on the legal status on 01.07.2022. It is expressly pointed out that the notes contain summary information on the relevant legal provisions and cannot replace the study of these legal provisions. They do not contain information on all detailed questions and do not take into account any individual particularities.
There is a legal entitlement to part-time work after an employment relationship has existed for longer than 6 months (§§ 8 para. 1, 9a TzBfG). The application must be submitted at least 3 months before the desired start date. Leuphana University of Lüneburg will comply with requests for part-time work unless there are official or operational reasons to the contrary. The prerequisite for the entitlement under the collective bargaining agreement, which can only be rejected for conflicting urgent official reasons, is the care of a child under the age of 18 or the care of a relative that is necessary according to a medical certificate (§ 11 TV-L). This part-time employment is limited to up to 5 years upon application. Any application for extension must be submitted 6 months before expiry.
The agreement on part-time work binds both parties to the contract. A change in the scope of part-time work or a return to fulltime employment is therefore only possible with the agreement of the employer. If there is a desire to return to fulltime employment (or to a greater extent of part-time employment), the employer is required to give preferential consideration to the employees concerned in the event of equal suitability within the scope of the service or operational possibilities (Section 9 TzBfG, Section 11 (3) TV-L). A return to full-time work or a change in the scope of part-time work can already be stipulated when the part-time work is agreed.
During a bridge part-time period in accordance with § 9a TzBfG, there is no entitlement to consideration of change requests.
Part-time work affects the employment relationship as follows:
1. Employment period: The reduction in working hours shall have no effect on the period of employment within the meaning of Section 34 (3) TV-L.
2. Step runtime: Part-time employment does not affect the duration of the step or the step advancement in accordance with §§ 16 and 17 TV-L. Reaching the next higher step is not extended.
3. remuneration: Unless otherwise expressly stipulated in the collective agreement, part-time employees shall receive the table remuneration (Section 15 TV-L) and all other remuneration components in the amount corresponding to the proportion of their individually agreed average working time to the regular working time of comparable full-time employees (Section 24 (2) TV-L). The remuneration is therefore calculated pro rata temporis, i.e. it is generally reduced in the same proportion as the working time is reduced.
If part-time employees work overtime (Section 7 (6) of the TV-L) or overtime (Section 7 (7) of the TV-L) beyond the regular working hours agreed in their individual contracts of employment at the employer's request, this must be compensated by time off. If they do not receive time off in lieu, they shall receive for each additional hour worked the portion of the table remuneration attributable to one hour as well as the other remuneration components defined in monthly amounts in the same amount as comparable full-time employees.
For ordered working hours which part-time employees perform in excess of the collectively agreed regular weekly working hours (§ 6 para. 1 TV-L) and which are not compensated for by the end of the following calendar week (§ 7 para. 7 TV-L), they shall receive, in addition to the hourly pay or in addition to the corresponding time off in lieu, the time bonus for overtime in accordance with § 8 para. 1 sentence 1 lit. a TV-L.
Soweit die Voraussetzungen vorliegen, erhalten Teilzeitbeschäftigte auch die übrigen Zeitzuschläge nach § 8 TV-L in voller Höhe.
4. Child benefit: Entitlement to statutory child benefit under the Income Tax Act or the Federal Child Benefit Act is not affected by part-time employment.
5. Continued payment of remuneration in the event of illness: The remuneration in the event of illness (continued payment of remuneration and sick pay allowance in accordance with § 22 TV-L) is reduced for part-time employees in the same proportion as the working hours were reduced.
6. Recreational leave: Part-time work does not affect vacation if the distribution of working time over the days of the week does not change. If, on the other hand, the working time is regularly distributed over fewer than the usual five days per week, the vacation plus any additional vacation shall be reduced for each additional day off (Section 26 (1) TV-L). In the event of a change in the employment model, the leave shall be calculated on a period-by-period basis.
Example: An employee with a vacation entitlement in the five-day week of 30 working days only works 3 days a week. Her vacation entitlement is 3/5 of 30 = 18.
This employee changes the distribution of her working time to 5 working days on 01.09.. The vacation entitlement is calculated for both partial periods:
18 days x 8 months by 12 months = 12
30 days x 4 months by 12 months = 10.
Vacation already taken is then taken into account as a reduction.
7. Special leave: The collective agreement provisions on special leave (§ 28 TV-L) also apply without restriction to part-time employees. For vacation entitlements resulting from a higher scope of employment, the vacation pay is also calculated in sections.
8. Anniversary bonus: Part-time employees shall receive the anniversary bonus in full (Section 23 (2) sentence 2 TV-L). Periods of part-time employment shall be fully taken into account in the period of employment on which the anniversary bonus is based in accordance with Section 34 (3) TV-L.
9. Death benefit: The death benefit for deceased part-time employees shall be calculated in accordance with the individual part-time share (§ 23 para. 3 sentence 2 in conjunction with § 24 para. 2 TV-L).
10: Annual bonus: The annual special payment (§ 20 TV-L) is generally reduced by the same amount as the working hours.
11. Capital-forming benefits: Part-time employees shall be paid the portion of the capital-forming benefits corresponding to the average working hours agreed with them (Section 23 (1) in conjunction with Section 24 (2) TV-L).
12. Maternity leave: Part-time work is covered by the Maternity Protection Act (MuSchG) in the same way as full-time employment. The maternity allowance and the maternity allowance supplement due during the protection periods pursuant to Section 3 (1) and (2) of the Maternity Protection Act (MuSchG) are based on earned income.
13. Parental leave: For the effects of parental leave, please refer to the information on parental leave.
14. Social Security: Because of the effects of part-time work on all branches of social insurance, it is recommended that you obtain information from the relevant social insurance institution. The following information cannot replace this information. It is also necessary because social security law is subject to constant change.
Employees who have been exempt from compulsory health insurance for at least five years due to exceeding the annual earnings limit are exempt from compulsory health insurance upon application if they become subject to compulsory health insurance as a result of reducing their working hours to half or less than half of the regular weekly working hours of comparable full-time employees of the company (Section 8 (1) No. 3 SGB V). Employees who become subject to compulsory health insurance due to the conversion of their employment relationship to a part-time employment relationship and who do not wish to make use of an exemption option may terminate their insurance contract with a private health insurance company as of the date on which they become subject to compulsory insurance in the statutory health insurance system. However, a person who becomes subject to compulsory health insurance is prevented from returning to compulsory health insurance if he or she has reached the age of 55 and has not been subject to compulsory health insurance in the last 5 years before becoming subject to compulsory health insurance (Section 6 (3 a) SGB V).
Part-time employees who have been exempted from compulsory health insurance in accordance with § 8 para. 1 nos. 2 or 3 SGB V are entitled to a supplement to the health insurance contribution in accordance with § 257 SGB V.
In the statutory pension insurance, periods of part-time work also result in lower earning points for the pension calculation due to lower wages and contributions.
Periods of part-time work have an effect on the assessment and composition of unemployment benefits because of the lower wages and contributions.
15. Additional old-age and survivors' benefits
Part-time employees have a claim against their employer for insurance for the purpose of an additional old-age and survivors' pension in accordance with the collective agreement on company pension schemes of 01.03.2002 (§ 25 TV-L).
Because of the effects of part-time work on subsequent entitlements to the company pension scheme, it is recommended that information be obtained from the Versorgungsanstalt des Bundes und der Länder (VBL), Hans-Thoma-Strasse 19, 76133 Karlsruhe, Germany, and that the website www.vbl.de be consulted.