Job sharing
The job sharing (english job sharing) is a working time model, which is based on part-time work. Two or more employees share a community on one or more workstations among themselves. The partners of a group can set their working individually. As long as the work is located in the frame for full- time employees, all combinations within the job-sharing group are possible.
In order to implement job sharing, the partners must have good planning and organizational skills. It is also important that the partners get along well.
Job sharing offers to make the hours of work individually for the workers the advantage. For the employer, job sharing means a gain in knowledge, to represent them to stay in business when leaving a work force, the synergy of the workers, more capacity at high workload and better way a failed workers.
Critical is the increased communication and information costs to consider as well as the difficult replacement a person of the group. The last point is particularly serious when a job-sharing group consists of only two workers.
- 3.1 General
- 3.2 working
- 3.3 Voluntary agency agreement / sick pay
- 3.4 terminations
- 3.5 holiday question
Definition
Job sharing is a native of the U.S., in German-speaking first time at the beginning of the 1980s became known construction law; a form of part-time employment. By definition, it refers to a job sharing. That is, two or more colleagues / inside to share a place and a salary. The flexibility of any flexitime usually falls away, instead the working time according to different sharing models are designed. The classic form of job-sharing is the half-day rhythm.
It can be made as even agreements that one works more in a month and the following month the other.
Forms of job-sharing
Job Splitting
Job splitting is essentially occurring form of job-sharing. The temporal allocation is made under identical task profiles of the partners. There is no interaction and cooperation needs between partners that are independent of each other equipped with contracts. So job - splitting refers to a simple division of a full-time job into two independent part-time jobs. If an employee, there is the remaining working relationship further. The employer must endeavor to spare. If he does not, however, he can express a change notice (about the effect that the second work partner has to pay now full -time work ). If this can not accept the remaining work - partner, he may proceed against such a change notice if necessary with the unfair dismissal claim.
Job pairing
The Job pairing is similar to the job - splitting, only that have agreed in relation to the tasks to each other here, the partners, they share responsibility and make major decisions together. The employment contract is concluded with the partners and can be terminated only in common.
Top -sharing
Under Top -sharing is meant a partnership management model, a job sharing in senior positions. The term was coined by Julia Kuark and Hans Ulrich Locher 1998. The Managers have the Top - sharing model to a certain degree a shared responsibility and make important decisions together about strategic decisions, personnel decisions or major investments. The sharing of management responsibilities is challenging especially in employee evaluations, since here also subjective criteria play a role.
Top - Sharer high decision-making level form a so-called double peak. Conversely, does not include any double peak a job-sharing, since the concept of dual leadership of shared decision-making is important, no matter if it is two people who each work full-time, sharing a job or are otherwise engaged.
Legal relationships
General
From § 2 para 1 TzBfG gives the legal definition of part-time employment relationship. Part-time employees are employees whose regular work week is shorter than the regular workweek of full-time equivalent employees of the establishment. The employment of full-or part-time ratios makes operation constitutionally no difference. Each job sharer includes a separate employment contract with the employer. Contrast between the individual job - sharers in the same job no legal relationship. All rights and obligations are divided in a corresponding ratio.
Working hours
For job-sharing work conditions, the working time of participants is parked alone. The working set the job - sharers among themselves independently. If they can not agree on a work schedule that is set by the employer.
Voluntary agency agreement / sick pay
According to § 13 para 1 TzBfG an employee can advance only be used to represent an obligation when an urgent operational requirement exists and the representation is reasonable in a particular case. In all other cases, a separate closed for the particular case representation agreement must be present.
When improper job-sharing (job splitting), there is no representation duty. During the actual job-sharing (Job - pairing), the situation is more difficult because the employees ends organize their own working hours. Employment contracts can be designed so that the employees be accountable to each other to represent here. Basically, it is assumed that the work done by the Secretary overtime, although to compensate, but is not treated as subject to a surcharge for overtime work. Employees who share a body have, thus denying a timely manner on their respective working hours.
Particularly unpopular with job-sharing models is the obligation of mutual representation on holiday or in case of illness. But because representation times are associated with a high organizational effort for parents, more and more employers from the obligation clause have now refrained. Job-sharing partners have no fault of prevention, of course, entitled to the usual pay. Crucially, however, whether the other partner must represent this lack of representation and how they will be compensated.
Terminations
When improper job-sharing and the operation group, the termination by the employer of any employees ends must be sent separately, and each participant can work independently of the other members of the group terminated separately. Members of an in-group can only terminate together. A termination by the employer must be provided to all employees.
Holiday question
If colleagues can not agree on a work schedule, this is set by the employer. Entitlement to leave is in proportion to the work done to full-time work. The job sharer has according to its working entitled to partial tariff remuneration.