Article
Flextime for Part-Time Employees Too: Flexible Work Models and Their Legal Foundations
(As at: Germany)
For many employees, being able to organise their own working hours with a high degree of flexibility is a key motivating factor. They work with less stress and are more productive, which also benefits the company itself. To ensure that flexitime has a positive effect, whether for part-time or full-time roles, choosing the right model is crucial.
Table of Contents
Advantages and disadvantages of flexitime
For employers
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- Straightforward and cost-effective implementation
- High level of acceptance amongst employees
- A positive contribution to the employer brand
- Can be used across different areas of the organisation
- Increased staff motivation and retention
- A more high-performing, productive and satisfied workforce
- reduced staff absenteeism
- Reduced staff turnover within the company
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- requires accurate time and attendance recording
- requires the consent of the works council (where applicable)
- cannot be implemented in certain sectors, or only with considerable effort, e.g. retail, manufacturing or customer service
- may, under certain circumstances, undermine team spirit within departments
For employees
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- greater flexibility in organising one’s own working hours
- a better work-life balance
- less stress due to reduced time pressure on working days
- better alignment between working hours and workload
- ease in accommodating individual circadian rhythms
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- colleagues may be less readily available (depending on the model)
- coordination within the team may be more difficult
- encourages the accumulation of negative hours that will need to be worked off later
The basics of flexitime for part-time employment
Flexitime schemes have now become commonplace in companies across almost every sector. Given the advantages for both employees and employers mentioned above, this is hardly surprising. Moreover, the positive impact of on staff motivation and staff retention is not limited to full-time employees. Flexitime for part-time workers also helps those on contracts with fewer hours to work in a more relaxed and self-directed manner.
Definition and forms of flexitime
Under a flexitime model, employers do not specify either the start or end time of the working day for their employees. Instead, employees decide for themselves when to start and finish work. The only requirement is that the contractually agreed working hours per week, month or year are adhered to.
Flexitime models for part-time or full-time work can be structured in different ways. Employers can and should therefore tailor the system to suit their specific business and workforce. In practice, the following four flexitime models have become established.
This variant is the classic flexitime model. Employers define a specific period during which employees must be present. Before and after this period, there is a phase for easing in and easing out, during which employees can arrive at work at their own discretion.
Example:
- Core working hours: Monday to Friday from 10.00 am to 3.00 pm
- Start-up phase: Monday to Friday between 8 am and 10 am
- Winding-down phase: Monday to Friday between 3 pm and 6 pm
This model ensures that all employees are present at the workplace during the specified core working hours. The flexible phases allow them, if they wish, to start earlier and leave earlier, or vice versa. In this way, staff can, for example, avoid rush-hour traffic and/or drop their children off at nursery in a relaxed manner before work.
It is also possible not to specify core working hours in the working time model. Under this option, employers do not specify a time slot during which all employees must be present. Instead, employees are completely free to organise the timing of their working day as they see fit. The company merely specifies the operating hours, which define the earliest possible start and the latest possible finish.
Example:
- Operating hours: Monday to Friday from 7 am to 6 pm
A flexitime model without core working hours offers employees greater flexibility than the option with fixed core working hours. Employees simply have to adhere to their daily working hours, for example eight hours for full-time staff and six hours for part-time staff. This is particularly beneficial for families and for people with relatives who require care.
Under this arrangement, employers set a specific period during which the department must be operational. This time window may vary from department to department. Unlike flexitime with core working hours, the presence of all staff is not required here. The only requirement is to ensure that the relevant department runs smoothly during the specified period.
Example:
- Operating hours: Monday to Friday from 10.00 am to 3.00 pm
- Start-up phase: Monday to Friday between 8 am and 10 am
- Winding-down phase: Monday to Friday between 3 pm and 6 pm
The departments determine internally which team members are present during operating hours. This flexitime model therefore requires good coordination between staff members. It is well suited to areas where staff can easily cover for one another. Regular meetings or team events can help to maintain team cohesion despite staggered working hours.
Under this model, no weekly or monthly working hours are specified. Instead, employees are entirely free to decide when to carry out their work. This allows them to tailor the amount of work they do precisely to the current workload. The hours worked are recorded in a time account. The only requirement is that the contractual annual working hours must be met.
This flexitime model offers employees maximum flexibility. It is therefore an extremely effective work-life balance measure that allows for the individual coordination of work and private life. In return, this system, which offers maximum freedom, requires a high degree of personal responsibility from employees. Otherwise, a surplus or deficit of hours can quickly build up. Furthermore, it is only suitable for departments where employees have little or no need to coordinate with one another.
Special features of part-time work with flexitime
The four possible working time models with flexible start and finish times are applicable regardless of the employees’ type of employment. Flexitime can therefore be implemented without any problems for part-time staff, provided that their reduced working hours are taken into account. If they work a full eight hours on fewer days per week, the same flexitime arrangements apply to them as to full-time staff. No separate arrangements are required in this case.
If part-time employment is based on five working days per week with fewer hours per day, special arrangements may be necessary depending on the model. Otherwise, a fixed core working window would take up the entire daily working time. Consequently, the flex-in and flex-out periods would be effectively lost for part-time employees if they wished to comply with the prescribed attendance requirements. A special arrangement ensures that employees on contracts with fewer hours also benefit fully from the flexible working hours model.
Legal aspects of the flexitime arrangement
(As at: Germany)
Flexitime schemes contribute tostrong staff retention and a greater willingness on the part of employees to perform well. To ensure they can deliver these benefits, they must be well regulated and comply with the law.
Key elements of a flexitime agreement
To prevent misunderstandings and legal disputes, the key details of flexitime arrangements for both part-time and full-time employees must be set out in a written agreement. The following core elements must be included:
- Duration of the flexitime period, e.g. week, month or year
- The core working hours or functional hours, or alternatively the business hours (depending on the flexitime model applied)
- The time period for phasing in and phasing out
- Provisions regarding positive and negative hours, in particular the extent to which these may be carried over into the next flexitime period
The flexitime agreement must be signed by the employer, all employees and the works council (if one exists).
Statutory provisions and works agreements
Employers may tailor the flexitime scheme to suit their individual business needs, but must comply with statutory requirements. In particular, the following points must be taken into account to ensure that working time arrangements comply with the law:
- Working Hours Act (ArbZG) – specifically Section 3 (maximum working hours), Section 4 (breaks), Section 5 (rest periods between working days) and Section 16 (recording of working hours)
- Section 8 of the Young People’s Employment Protection Act (JArbSchG) on the maximum daily working hours for young people
- Section 8 of the Maternity Protection Act (MuSchG) concerning the maximum daily working hours for pregnant and breastfeeding women
- Section 87 of the Works Constitution Act (BetrVG) concerning the works council’s right of co-determination in the design of the working time model
It is advisable to have the flexitime agreement reviewed in advance by specialist employment lawyers. This ensures that the working time model complies with the law from the outset.
Practical implementation of flexitime schemes
From an employer’s perspective, the ease of implementation is a major advantage of flexitime schemes. It all begins with selecting the appropriate variant from the four available options. All that remains is to adapt the details of the chosen scheme to the specific needs of the organisation. Using the core elements mentioned earlier, an agreement is then drawn up and signed by all parties involved. The following section outlines what needs to be considered from a technical and organisational perspective when introducing a flexitime model.
Technical and organisational requirements
The cornerstone of flexitime, whether for part-time or full-time work, is the accurate recording of hours worked. Only in this way is it possible to reconcile these with the contractually agreed number of hours per period. There are now powerful digital systems available for time recording in companies. These document the hours worked and provide both the employer and individual employees with an overview of the current status.
This means that both parties can see at any time whether a surplus or deficit of hours has accumulated andcan take timely corrective action. For employers, digital recording of working hours is essential for identifying excessive overtime – and thus potential breaches of the Working Hours Act.
Alongside this technical aspect, effective internal corporate communication is one of the fundamental prerequisites for a functioning flexitime model. This is particularly true where no core working hours with compulsory attendance are specified. After all, the more flexible employees are in organising their working hours, the more important it is for them to communicate regularly with one another.
Modern communication channels enable staff to efficiently share important information, ask questions and provide feedback with one another – even when working staggered hours. Specialised apps or software solutions, such as Microsoft Teams or Slack, are ideal for this purpose. A dedicated communication channel on the intranet can also contribute to seamless collaboration despite a flexible working hours model.