Right to extension of working hours
§ 9 TzBfG obliges the employer to give preferential consideration to a part-time employee who has indicated to him the desire to extend his contractual working hours when filling a “corresponding” vacant position if he is equally qualified. However, urgent operational reasons or working time requests of other part-time employees may not conflict with this request. According to a decision of the Ninth Senate of May 8, 2007 ( 9 AZR 874/06 ), a “corresponding” job within the meaning of Section 9 TzBfG is given if the same or at least comparable activity as that of the vacant job to be filled is to be carried out Part-time employees who have indicated their desire to extend their working hours are owed. This includes that the part-time employee has the necessary suitability and qualifications based on their previous work. The employer’s intention to change contractual content that is not job-related, such as a change in remuneration, does not conflict with the acceptance of a “corresponding” job. Furthermore, the employee’s wish to extend his contractually agreed working hours must not be opposed by urgent operational reasons. These reasons relate to the selection of personnel to fill the vacant position. If a corresponding position is to be filled according to the employer’s wishes, operational reasons for rejection can only arise in connection with the selection decision.