News of Atypical Work in Germany: Recent developments as to fixed-term contracts, temporary and part-time work

Abstract

Recently, the German law governing atypical forms of work has been amended in several respects. TheBeschäftigungsförderungsgesetz1985 (BeschFG 1985 - Act on the Improvement of Employment Opportunities), regulating part-time work (Teilzeitarbeit) and (partially) fixed-term contracts (befristete Arbeitsverhältnisse), has been replaced by theGesetz über Teilzeitarbeit und befristete Arbeitsverträge(TzBfG - Act on Part-Time Work and Fixed-Term Contracts), in force since 1 January 2001, and implementing Directive 97/81/EC on Part-Time Work and Directive 99/70/EC on Fixed-Term Contracts. The legislator, however, did not confine himself to implementing EC law but regarded the obligation to implement the Directives as a stimulus to amend the right of part-time work and fixed-term contracts fundamentally. In doing so, he fixed a level of employee protection much higher than required by the Directives. The legal rules for temporary work (Leiharbeit) have not yet been fundamentally changed. But theJob-AQTIV-Gesetz(Job-AQTIV-Act) has amended it in a way at least partially anticipating the presumably soon to be adopted Directive on Temporary Work. Both acts, the Act on Part-time Work and on Fixed-Term Contracts as well as the Job-AQTIV-Act, aim at a reduction of the numbers of unemployed and the creation of employment opportunities. This article sketches and briefly comments on the new rules for fixed-term work, temporary and part-time work.