Rights for Part-Time, Fixed-Term and Mini-Jobbers

To ensure that workers have protections around their working hours, the Part-Time and Fixed Term Work act is in place, also known as Teilzeit- und Befristungsgesetz. What makes this Act so powerful is that it ensures that part-time and fixed-term employees are given better protection, and overall helps to prevent discrimination.

With this act, employees who work for a company with more than 15 permanent employees have the right to ask for a reduction or increase in working hours. This law in particular can be very helpful for those who need or want to have a reduced workload (for example new parents or those dealing with health issues).

This all sounds great - but I’m not a part- time employee, am I protected?

There is no difference between the treatment and rights that should be expected between a full time employee and a part time or fixed term employee, thanks to this Act. Mini-job employees can also be considered within this law, and therefore also can claim these protections.

What if I’m a contract or freelance employee?

As a contractor, you are protected under the “Arbeitnehmerueberlassungsgesetz” or Employee Leasing Act. The company must hold a specific license called the Arbeitnehmerüberlassung (AUG) in order to do this properly.

What are some of my protections?

Particularly for working hours, there are strict regulations on this - as an employee is typically only meant to work 36-40 hours per week. You might find employers that include in their contracts that time above this will not be compensated - be mindful of this. With regards to vacation you are federally entitled to a statutory minimum of 20 days of holiday but typically it is higher. Many startups in particular are pushing this number to upwards of 30 or even in some cases unlimited vacation.

When it comes to sick leave, you have the right under the continued remuneration act (Entgeltfortzahlungsgesetz) to be paid even though you are ill. However, if you are sick for 6 weeks or more, it may begin to trigger Krankengeld - where your health insurance will cover 90% of your pay for that period. To be entitled to this: you have to have worked at the company for at least 4 weeks.