Why more flexible working hours are necessary
The call for more flexible working hours is becoming louder and louder in order to achieve a better work-life balance. A proposal from the CDU/CSU parliamentary group is currently being discussed in the Bundestag to allow more flexibility - but how can this be reconciled with existing labour protection regulations?
The desire for flexible working hours is already noticeable in many sectors, particularly in SMEs. Working time preferences have changed significantly in recent years. Not only parents, but also employees who care for relatives are demanding more flexible working models.
Legal hurdles slow down flexibility
However, the German Working Hours Act is still rigid. Particularly in times of working from home, such as during the coronavirus lockdowns, it became clear that work can certainly be organised more flexibly.
Part-time solutions do not offer sufficient flexibility, as they both entail financial losses for employees and spread the workload across the remaining workforce. There is a lot of potential that is lost through excessive regulation. However, particularly in areas such as shift work, occupational health and safety must continue to be guaranteed.
Science confirms the trend
There are definitely challenges in the existing Working Hours Act. For example, the eight-hour day still applies, with a maximum of ten hours per day and 48 hours per week. Rest periods of eleven hours between working days may only be shortened under certain conditions.
A flexible daily routine that includes breaks for childcare or personal errands would not be possible under the law, even if employers and employees were to agree on this.
Debate in the Bundestag: flexibility vs. labour protection
There are clear differences of opinion in the Bundestag. While the CDU is in favour of more flexibility within the existing 48-hour week, the SPD defends the limit on daily working hours. From their point of view, the eight-hour day serves to protect health and prevents work from becoming unbounded.
Even if flexible working is called for, caution is required: Sectors such as shift work still need special protection. The challenge is to find the right balance between flexibility and occupational health and safety.