Quota for Limiting Part-Time Positions Requires a Collective Agreement

The German Federal Labor Court (Bundesarbeitsgericht) has ruled that an “overload quota” (Überforderungsquote) — i.e. a provision stating that no further part-time arrangements may be granted once a certain proportion of employees are working part time — cannot be established through a works agreement (Betriebsvereinbarung).

Such a restriction on part-time requests is only permissible by means of a collective bargaining agreement

(Judgment of 24 June 2008, 9 AZR 313/07)