How is flextime regulated?

In areas with a bylaw on flextime, employees are flexible in organizing their own working hours according to the respective regulations. In some areas there are some limitations, e.g., to cover opening hours or to be able to provide services at a particular time.

The period of operation (Funktionszeit) does not mean that all employees must be at work during this time. The framework bylaw (Rahmendienstvereinbarung) on the regulation of working hours in § 5 (2) stipulates that the institutions shall ensure that during the period of operation "... the operation of the services is ensured without significant restrictions in accordance with the requirements of the job" (tranlsation not legally binding). On this basis, it is possible to be out of office according to § 9, in which case one should use compensatory time.

What do these phrases mean or what must employees do if they are absent during the period of operation (Funktionszeit)? Generally, for shorter periods of absence within the period of operation, it is sufficient to coordinate with colleagues. If you want to be on the safe side, inform your superior in advance, either personally or by email; in individual cases, superiors may insist on being informed directly. However, permission is not required. Permission is only required if a full day of compensatory time is to be taken. Employees using electronic time recording can usually request this via the web-based workflow.

For employees without computer access, the "notice of compensatory time" (Anzeige Arbeitszeitausgleich) can still be used, which can be found on the HR's downloads page. (The fact that times can be entered in the form repeatedly cause confusion. However, these fields do not relate to employees with flextime. This form is not intended for half days or hourly time off during the period of operation; in these cases, proceed as described above.)

Further rules of flextime for salaried employees and civil servants (who fall under the flextime rule) can be found in the section bylaws (Dienstvereinbarungen). The framework agreement and the agreements for individual institutions (e.g., the central administration) are available there.

Updated: 05/2020