AGG and Fixed-Term/Part-Time Work: Section 4 TzBfG Interplay
TL;DR
- Section 4 TzBfG (Part-Time and Fixed-Term Employment Act) bans less-favorable treatment of part-time and fixed-term employees
- General Equal Treatment Act (AGG) overlap: part-time discrimination often constitutes indirect gender discrimination
- Pro rata principle applies to compensation, bonuses, leave, and training — but not all benefits
- CJEU C-486/08 Zentralbetriebsrat (2010): special payments must be calculated pro rata for part-time staff
- Pay gap calculation: analyze part-time and full-time separately to avoid statistical distortion
1. Section 4 TzBfG Non-Discrimination Rule
Fixed-term and part-time employees may NOT be treated less favorably than comparable permanent or full-time staff for equivalent work, unless objectively justified.
2. AGG Interplay
Frequent correlation: women and part-time work. Part-time discrimination can therefore amount to indirect gender discrimination under the General Equal Treatment Act (AGG).
3. Pro Rata Principle
Compensation, bonuses, vacation entitlement, and training budget are awarded on a pro rata basis. Some benefits, however, are paid as flat amounts (e.g., health insurance contributions).
4. CJEU C-486/08 Zentralbetriebsrat (2010)
Special payments and bonuses must be calculated pro rata for part-time employees relative to their working hours.
5. Pay Gap Risks
When calculating pay gaps, separate full-time and part-time populations. Mixing them produces statistical distortion that can mask or exaggerate the true gap.
6. Practice Recommendation
Establish a clear compensation structure, a documented pro rata system, and an annual pay equity check covering part-time and fixed-term staff.
Summary
Section 4 TzBfG and the AGG operate together: a single decision may breach both statutes when part-time arrangements correlate with a protected characteristic. Documented pro rata rules and segmented pay equity reviews are the safest defense and align with EU Pay Transparency Directive 2023/970 reporting expectations.
View Anti-Discrimination Kit →
Frequently Asked Questions
Fixed-term contract with objective reason OK?
Reject a part-time request?
Sources
- Part-Time and Fixed-Term Employment Act (TzBfG) — Section 4 (As of: 2026-05-02)
- General Equal Treatment Act (AGG) — full text (As of: 2026-05-02)
- Directive (EU) 2023/970 — Pay Transparency (As of: 2026-05-02)
- CJEU C-486/08 — Zentralbetriebsrat (pro rata for part-time) (As of: 2026-05-02)