Flextime (German: Gleitzeit) is a flexible working time model that allows employees to determine the start and end of their workday within a defined timeframe. A distinction is made between simple flextime (only timing is variable) and qualified flextime (both timing and duration are variable). Implementation requires a works agreement or individual arrangement and is subject to co-determination by the works council under Section 87(1) No. 2 of the German Works Constitution Act (BetrVG).

Definition: What Is Flextime?

Flextime – also known as flexible working hours or variable working time – refers to a working time model in which employees are not bound to a fixed start or end time. Instead, they can decide for themselves when to begin and end their work within a defined timeframe known as the flex band.

The German Federal Labor Court defines the purpose of flextime as enabling employees "to determine the timing of their work performance according to their own needs and wishes through free self-determination" (BAG, Case No. 1 ABR 4/90). The contractually agreed total working time remains unchanged – only the distribution across the day or week is flexible.

The flex band describes the timeframe within which employees can freely choose when to arrive and leave. A typical example: work start between 7 and 9 AM, work end between 4 and 7 PM. Core hours are the period in between during which all employees must be present – for example, from 10 AM to 3 PM.

Overview of Flextime Models

Depending on the degree of flexibility, different flextime models can be distinguished. The choice of the appropriate model depends on operational requirements and the type of work.

Simple Flextime

With simple flextime, the daily working hours are fixed – for example, 8 hours. Employees can only decide when to work these hours within the flex band. The duration of the workday remains constant; only the start and end times are variable.

This model typically requires core hours as well as a time account (also called a flextime account) that records plus and minus hours. The account shows how much more or less than the target working time has been worked.

Qualified Flextime

Qualified flextime goes one step further: employees can decide not only on the start and end times but also on the duration of their workday. On one day they might work 10 hours, on the next only 6 – as long as the agreed weekly working time is achieved on average.

The balance can be achieved over a longer period: weekly, monthly, or even annually. Core hours are not mandatory in this model.

Flextime with Functional Hours

With functional hours, the focus is not on the individual but on the team. The department collectively determines when the work area must be staffed and operational. Team members organize among themselves who works when – as long as availability is guaranteed.

This model is particularly suitable for areas where colleagues can cover for each other.

Annual and Lifetime Working Time Accounts

With these models, working time is accumulated over very long periods. The annual working time account must be balanced at year-end. The lifetime working time account allows employees to save overtime for extended breaks – such as a sabbatical, extended parental leave, or early retirement.

Legal Framework

Several legal requirements must be considered when implementing flextime. The following regulations apply specifically to German labor law.

Working Time Act (ArbZG)

The German Working Time Act applies without restriction to flextime arrangements. The most important regulations:

• Maximum working hours: Maximum 10 hours per day (Section 3 ArbZG)
• Breaks: 30 minutes for more than 6 hours of work, 45 minutes for more than 9 hours (Section 4 ArbZG)
• Rest period: At least 11 hours between the end of work and the start of the next shift (Section 5 ArbZG)
• Documentation requirement: The employer must record working time (Section 16(2) ArbZG)

Special regulations apply to certain groups: The Youth Employment Protection Act (JArbSchG) limits minors' working time to 8 hours per day. The Maternity Protection Act (MuSchG) contains special protective provisions for pregnant and breastfeeding mothers.

Co-Determination by the Works Council

The introduction of flextime is subject to the mandatory co-determination right of the works council under Section 87(1) No. 2 of the Works Constitution Act (BetrVG). The works council participates in decisions about the flex band, core hours, and quotas for plus and minus hours.

If no works council exists, the employer can introduce flextime through their right of direction. Alternatively, individual agreements with employees are possible.

Flextime Agreement: What Must Be Included?

A flextime agreement should address the following points:

• Flextime framework (earliest start, latest end)
• Core hours (if applicable)
• Duration of the flextime period
• Maximum plus and minus hours
• Rules for carryover to the next period
• Distinction between plus hours and overtime
• Procedure upon termination (reduction or compensation of balance)

Advantages and Disadvantages of Flextime

Advantages for Employees

• Better work-life balance: Private appointments, doctor visits, or errands can be organized more easily
• Utilize individual performance phases: Early risers can start early, night owls can start later
• Less stress: Commuting can occur outside of rush hours
• More autonomy: The independence in time management often increases satisfaction

Advantages for Employers

• Higher employee satisfaction: Flexibility is an important factor for employer attractiveness
• Increased productivity: Employees work during their most productive phases
• Better utilization: Operating hours can be extended through staggered attendance
• Lower turnover: Stability or flexibility as a work value is gaining importance

Disadvantages and Challenges

• Coordination effort: Flextime is difficult to implement with shift work or customer-facing activities
• Limited team communication: When colleagues are rarely present at the same time, exchange suffers
• Administrative effort: Time tracking requires reliable systems
• Not suitable for all activities: In customer service, production, or on-call duty, flextime is often not practical

Frequently Asked Questions About Flextime

What is the difference between simple and qualified flextime?

With simple flextime, only the timing of work is variable – the duration remains fixed (e.g., 8 hours daily). With qualified flextime, employees can also vary the daily working hours. The balance is achieved over a longer period such as a week, month, or year.

Can overtime occur with flextime?

Yes, but it is important to distinguish: Plus hours are voluntarily worked extra time within the flextime framework, which is compensated with time off. Overtime, on the other hand, is extra work ordered by the employer beyond the contractual working time – it is usually compensated financially. The distinction should be clearly regulated in the flextime agreement.

What happens to the flextime balance upon termination?

In principle, plus hours should be reduced during the notice period. If this is not possible – for example, due to operational requirements – they are compensated as working time. Minus hours can only be offset if the employee is responsible for their occurrence. In the case of company-caused minus hours, no offset takes place.

Does introducing flextime require works council approval?

Yes. Under Section 87(1) No. 2 of the Works Constitution Act (BetrVG), the works council has a mandatory co-determination right on matters of working time organization. Without a works council, the employer can introduce flextime through their right of direction or through individual agreements.

Do employees have a legal right to flextime?

No. There is no statutory entitlement to flextime. Implementation is at the employer's discretion. However, an entitlement may arise through a collective agreement, works agreement, or individual employment contract.

For which activities is flextime not suitable?

Flextime does not work for activities with fixed attendance requirements: shift work, customer service with defined opening hours, production work with cycle time constraints, or on-call duty. Senior executives are also exempt from the Working Time Act under Section 18 ArbZG and thus typically from classic flextime arrangements as well.

What working time limits apply even with flextime?

The provisions of the Working Time Act apply unchanged: maximum 10 hours of daily working time, mandatory breaks from 6 hours onwards, at least 11 hours of rest between workdays, and the obligation to record working time.

Conclusion

Flextime is one of the most popular working time models in Germany – and for good reason. It offers employees more flexibility and autonomy, while employers benefit from more satisfied and productive teams. However, implementation requires careful planning: a legally compliant flextime agreement, a reliable time tracking system, and – if applicable – involvement of the works council are essential.

The key to success is choosing the right model: simple flextime is suitable for areas requiring coordination, qualified flextime for autonomous activities. Not every department can use flextime – but where it fits, it is a real asset for employers and employees alike.

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Legal Notice: This article is for general information purposes only and does not constitute individual legal advice. For specific employment law questions, please consult a qualified employment law attorney.

Sources

• Working Time Act (Arbeitszeitgesetz – ArbZG). German Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/arbzg/
• Works Constitution Act (Betriebsverfassungsgesetz – BetrVG) Section 87. German Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/betrvg/__87.html
• Federal Labor Court ruling on flextime, Case No. 1 ABR 4/90. Bundesarbeitsgericht, 1991.
• Working Time Ordinance (Arbeitszeitverordnung – AZV) Section 2 No. 5. German Federal Ministry of Justice, 2024. https://www.gesetze-im-internet.de/azv/
• ECJ ruling on time recording, C-55/18. European Court of Justice, 2019. https://eur-lex.europa.eu
• Flextime: Variants and Advantages. German Federal Ministry of Labour / arbeitszeit-klug-gestalten.de, 2024. https://www.arbeitszeit-klug-gestalten.de/alles-zu-arbeitszeitgestaltung/arbeitszeitmodelle-im-ueberblick/gleitzeit
• Gabler Business Encyclopedia: Flexible Working Hours. Springer Gabler, 2024. https://wirtschaftslexikon.gabler.de/definition/gleitende-arbeitszeit-32046