II. Table of contents
I. Explanation I
II. Table of contents II
III. Index of figures III
IV. Abbreviations IV
1 Introduction 1
2 Principles of Top Sharing 7
3 Types of Top Sharing 12
3.1 JobSharing / JobSharing in a work team 13
3.2 JobSplitting / `Not proper` JobSharing 13
3.3 JobPairing / JobSharing in own group 13
4 Basic legal conditions 14
4.1 Concepts 15
4.1.1 Working hours 18
4.1.2 Work content/duties 20
4.1.3 Joint substitution and overtime 21
4.1.4 Termination of employment 23
4.1.5 Co-determination of employment 24
4.1.6 Liability 25
4.1.7 General rights 26
4.2 Contract of employment 27
4.3 Particular apects of individual forms and possible consequences 29
4.3.1 JobSharing/JobSharing in a work team 29
4.3.2 JobSplitting/`Not proper` JobSharing 31
4.3.3 JobPairing/JobSharing in own group 33
5 Conclusion 35
6 Index of tools and sources 40
7 Appendix SCMT Steinbeis Center of Management and Technology 42
8 Curriculum Vitae 47
Table of Contents
1 Introduction
2 Principles of Top Sharing
3 Types of Top Sharing
3.1 JobSharing / JobSharing in a work team
3.2 JobSplitting / `Not proper` JobSharing
3.3 JobPairing / JobSharing in own group
4 Basic legal conditions
4.1 Concepts
4.1.1 Working hours
4.1.2 Work content/duties
4.1.3 Joint substitution and overtime
4.1.4 Termination of employment
4.1.5 Co-determination of employment
4.1.6 Liability
4.1.7 General rights
4.2 Contract of employment
4.3 Particular apects of individual forms and possible consequences
4.3.1 JobSharing/JobSharing in a work team
4.3.2 JobSplitting/`Not proper` JobSharing
4.3.3 JobPairing/JobSharing in own group
5 Conclusion
Objectives and Scope
The study examines the legal framework and practical implementation of "top sharing"—a model involving the division of managerial duties between two or more part-time employees. The primary objective is to analyze how this flexible working model can be used by small and medium-sized enterprises (SMEs) to retain qualified knowledge holders, improve work-life balance for managerial staff, and navigate existing German labor law provisions effectively.
- Legal feasibility of top sharing under German labor laws (TzBfG).
- Differentiation between job sharing, job splitting, and job pairing models.
- Organizational requirements for successful implementation of team-based management.
- Analysis of employment contract structures, including substitution, liability, and co-determination.
- Strategic advantages of top sharing for employee retention in competitive markets.
Excerpts from the Book
3. Types of Top Sharing
The main differences between job sharing and top sharing are to be found in the area of responsibility and personnel management. Job sharing can apply to any form of employment sharing, whereas this is not possible in the case of top sharing. Apart from generally valid German legal principles, the legal aspects of contracts of employment concluded with the managerial staff are regarded as a basis for the organizational forms.
With regard to the particular characteristics and the opportunities for the use of job sharing, the authoress considers the way in which 3 possible organizational forms are presented by two job sharing and top sharing authors. The literature and legal texts refer to the terms created in the USA: job sharing, job splitting, and job pairing.
J. K. Juark altered the job sharing classifications of Schüren to include the following concepts: job sharing in a work team, 'not proper' job sharing, and job sharing in own group.
Summary of Chapters
Introduction: Discusses demographic shifts and the urgent need for flexible working models to retain qualified managerial staff in small and medium-sized German enterprises.
Principles of Top Sharing: Traces the origins of job sharing in the USA and the introduction of the "top sharing" concept in Switzerland, defining it as a partnership management model for professionals.
Types of Top Sharing: Categorizes top sharing into three distinct organizational forms: job sharing in a work team, job splitting, and job pairing/job sharing in an own group.
Basic legal conditions: Provides a comprehensive legal analysis based on the Teilzeit- und Befristungsgesetz (TzBfG), covering working hours, duties, liability, termination rights, and contract structures.
Conclusion: Summarizes that top sharing is a viable, legally manageable innovation that helps companies secure long-term commitment from managerial talent by accommodating their need for a work-life balance.
Keywords
Top Sharing, Job Sharing, Personnel Law, Management Models, Work-Life Balance, TzBfG, Part-Time Employment, Managerial Staff, Labour Law, Germany, Employment Contract, Knowledge Retention, Team Management, Flexibility, Organizational Structure.
Frequently Asked Questions
What is the primary focus of this study?
The study focuses on the implementation of "top sharing" in management positions in Germany, exploring its legal framework and organizational advantages for SMEs.
What are the core themes of the paper?
Key themes include the legal feasibility under the TzBfG, the classification of different shared management models, and the strategic importance of employee retention.
What is the main research objective?
The objective is to provide a guide for companies to implement top sharing effectively while remaining compliant with German labor law and minimizing conflict risks.
Which scientific method is utilized?
The paper employs a legal and organizational analysis, reviewing statutory frameworks, judicial verdicts, and existing management literature on flexible work models.
What does the main body cover?
The main body examines the legal definitions of part-time work, specific contractual clauses for shared managerial roles, and practical organizational dimensions for teams.
Which keywords define this work?
Essential keywords include Top Sharing, Personnel Law, Part-Time Employment, Managerial Staff, and Work-Life Balance.
How does the "job splitting" model function?
Job splitting involves sharing a full-time position where partners have independent employment contracts and specific, often distinct, duty profiles.
What is the role of the works council in top sharing?
The works council has co-determination rights regarding the organization of working hours and basic conditions, particularly when the employer intends to unilaterally establish work schedules.
Why is top sharing considered rare in Germany?
The study suggests that its limited use is partly due to stringent dismissal protection laws and initial uncertainty regarding legal implementation in managerial contexts.
Is "top sharing" a formal legal term in Germany?
No, top sharing is not a defined legal term in German law; it is considered an abstract, subsidiary form of the "job sharing" concept regulated under the TzBfG.
- Arbeit zitieren
- BBA Susanne Broel (Autor:in), 2010, Possible Consequences of Top Sharing in Terms of Personnel Law, München, GRIN Verlag, https://www.grin.com/document/203755
