I'm a US expat holding a 3-year German Aufenthaltserlaubnis, and an unlimited work contract as a software developer.

I'm planning to re-negotiate my working contract to reduce my working hours from 40 hours to something like 24.

As I understand it, per TzBfG, because I've worked at my company for longer than 6 months, and because it employs at least 15 people, I have the right to request part-time hours, and my employer must negotiate with me, unless they can cite significant "operational reasons" why the request can't be accepted.

I'm unsure whether reduced working hours and reduced salary could have implications for my visa status.

Minimum salary? For instance, I know that the EU Blue Card for "MINT" workers requires a minimum salary of 37,752 €. So far I've found no such minimum for the Aufenthaltserlaubnis. Does such a minimum salary, or for example a minimum hourly work week, exist for the Aufenthaltserlaubnis?

Are there other concerns I haven't listed? For instance, will I need to contact the Ausländerbehörde when my contract changes? Would my visa status need to be reviewed? Could it adversely affect me when it's time to renew my visa?

Separately, I would not be at all surprised if they attempt to refuse my request, since I am a key member of a small team. However a second about TzBfG suggests that it is very difficult for an employer to prove that the costs / consequences of reduced working hours are "disproportionate." Does anyone have experience with this process?

Thanks in advance!

  • Basically the law is 'on your side' but this could have some other longer term affects for you proffesionally. As far as the Aufenthaltserlaubnis is concerned, I can find no minimum salary requirements attached to the Erwerbstätigkeit (ability to work). It's been over a decade since I had such a thing myself, and laws change, but I definitely don't remember anything like that when I was working. This would seem to be strictly a matter between you and your employer. Good luck.
    – ouflak
    Nov 4, 2016 at 8:00


Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge you have read our privacy policy.

Browse other questions tagged or ask your own question.