👆 Key Points at a Glance
Part-time employees generally have the same protection against dismissal as full-time employees – the same statutory notice periods apply, and the Protection Against Dismissal Act is equally applicable. Dismissal solely due to part-time work is impermissible and constitutes discrimination. Part-time employees must also not be disadvantaged in the social selection process for operational dismissals.
In our labor law practice at Allenstein Legal in Berlin, we frequently advise part-time employees affected by dismissal. This blog post clarifies the legal situation regarding dismissals of part-time employees. We will answer the following questions in detail:
1. What dismissal rights do part-time employees have?
The Part-Time and Fixed-Term Employment Act (TzBfG) clearly states:
- Equal treatment with full-time employees
- Prohibition of discrimination due to part-time work
- Same protection against dismissal as for full-time employees
- Same entitlements in case of operational dismissal
Example: A part-time employee was disadvantaged in a social selection process because the employer preferred full-time employees. The dismissal was invalid as it constituted impermissible discrimination.
2. What notice periods apply to part-time work?
The notice periods are identical to those for full-time employees:
- Basic notice period: 4 weeks to the 15th or end of the month
- Extension based on length of service:
- 2 years: 1 month to the end of the month
- 5 years: 2 months to the end of the month
- 8 years: 3 months to the end of the month
- 10 years: 4 months to the end of the month
- 12 years: 5 months to the end of the month
- 15 years: 6 months to the end of the month
- 20 years: 7 months to the end of the month
3. When does protection against dismissal apply to part-time employment?
Protection against dismissal applies under the following conditions:
- After 6 months of employment
- In companies with more than 10 employees
- Part-time employees are proportionally considered in company size calculation
Special feature in calculating company size:
- Part-time employees up to 20 hours: 0.5 employees
- Part-time employees up to 30 hours: 0.75 employees
- Over 30 hours: 1.0 employees
4. What special rules apply to mini-jobs?
Mini-jobbers also have employee rights:
- Same statutory protection against dismissal
- Same notice periods
- Right to written dismissal
- Right to file an action against dismissal
Important differences:
- Often no collective bargaining agreement entitlements
- Frequently no company social benefits
- Mostly no works council representation
5. What to do in case of dismissal due to part-time work?
Recommendations for action in case of discriminatory dismissal:
- Documentation of disadvantage
- Action against dismissal within 3 weeks
- Assertion of claims for damages
- Securing evidence through witnesses or documents
Example: An employer dismissed an employee after she requested a reduction in her working hours. The dismissal was invalid as it was a retaliatory measure for exercising statutory rights.
6. Conclusion
Part-time employees in German labor law enjoy the same protection against dismissal as full-time employees. Discrimination due to reduced working hours is legally prohibited. It is important that part-time employees also know their rights and act quickly in case of dismissal.
Enforcing these rights often requires legal support, especially when it comes to discriminatory dismissals. We recommend seeking timely advice in case of dismissal to effectively safeguard your rights.
Frequently Asked Questions (FAQs)
No, part-time employees have exactly the same protection against dismissal as full-time employees. The Part-Time and Fixed-Term Employment Act prohibits discrimination.
No, the same statutory notice periods according to § 622 BGB apply – regardless of whether someone works full-time or part-time.
No, dismissal solely due to part-time employment is impermissible and invalid according to § 4 TzBfG.
In the social selection process, part-time employees must be treated equally. Automatic preferential treatment of full-time employees is not permissible.
Yes, under the same conditions and with the same three-week deadline as full-time employees.