No permanent part-time work during “bridge part-time work”

Since 2019, employees have been able to apply for so-called bridge part-time work. This allows them to reduce their working hours for a fixed period. At the end of this period, their working hours return to their previous level. However, during the current bridge part-time period employees cannot apply for permanent part-time work for the period after the bridge part-time period.

Higher Labour Court (LAG) Hesse, judgement of 02.12.2024, ref. 16 GLa 821/24

Facts of the case

The employee worked full-time in a company that generally had more than 15 employees. At her request, she agreed with the company to reduce her working hours to 30 hours from September 2022 to August 2024 for a limited period of two years (so-called bridge part-time). In March 2024, while the bridge part-time employment was still in place, she submitted an application for permanent part-time employment of 30 hours, which was to begin at the end of the bridge part-time employment in September 2024. After the employer did not agree to this, the employee asserted her request in court by way of regular main proceedings and preliminary injunction. However, this was unsuccessful.

Court ruling

The court ultimately rejected the plaintiff's claim. It justified this by taking an overall view of Section 9a (4) and (5) of the law on part-time work and fixed-term employment contracts (Teilzeitbefristungsgesetz – TzBfG). According to para. 4, an employee can expressly "not demand a further reduction or extension of their working hours" during a temporary reduction in working hours. The Higher Labour Court of Hesse (Landesarbeitsgericht – LAG) did not consider the wording to be unambiguous. However, it clarified that during an ongoing bridge part-time period, not only an adjustment of the agreed bridge part-time period — such as a further reduction in working hours – is excluded, but an extension of the bridge part-time period beyond the authorised duration is also inadmissible. This follows, among other things, from the context of para. 5, according to which a further reduction in working hours is possible at the earliest only one year after the return to the originally contractually agreed working hours. 

After a bridge part-time period, the employee is required to return to the previously agreed working hours before a decision can be made on a possible extension of the bridge part-time period or on permanent part-time work.

Practical note

The judgement provides more clarity and planning security in the handling of bridge part-time work. It enables employers to organise working hours more reliably in the case of bridge part-time work.