The employee can combine his request for a reduction in working hours based on Section 8 TzBfG with a specific wish for distribution in such a way that he makes his offer of a change dependent on the desired distribution of working hours.
However, he is not prevented from deferring the question of the distribution of working hours until agreement on the reduction and then pursuing it separately. The prerequisite for an isolated lawsuit for a reallocation of working hours is that there is a direct connection between this lawsuit and a previous request for a reduction in working hours in accordance with Section 8 TzBfG.
The Ninth Senate decided this in its judgment of December 16, 2008 ( 9 AZR 893/07 ). The wording of Section 8 Para. 1 TzBfG, which establishes a right to a reduction in “the contractually agreed working hours”, does not specify any limitation to the working time distribution model agreed in the employment contract. The employee’s request for a redistribution of his working hours can be granted in accordance with Section 8 Para. 2 to 5 TzBfG are contradicted by a works agreement or regulatory agreement if the determination of the distribution of working hours has a collective reference.
General interests are affected if the intended distribution of working hours has an impact on the entire company and not just on the individual employee who requests the redistribution of working hours. When exercising the right of co-determination under Section 87 Para. 1 No. 2 BetrVG, the works council has to do so in accordance with Section 80 Para. 1 No. 2 letter b BetrVG to ensure that the compatibility of family and employment is promoted.
However, this obligation to support does not necessarily lead to the priority of the interests of the individual employee who has family obligations to fulfill. The operating parties have discretion when weighing up individual and collective interests.