Employers may be required to provide safety authorities with information on individual target agreements with their employees. In a judgment dated 28 February 2018, the Dusseldorf administrative court confirmed a corresponding order by the local safety authority (docket number 29 K 4191/16). In the case at hand, the employer offers consulting services. It is bound …
Category Archive: Working time
Time at home can be working hours
As we have already made clear in our article about time for changing clothes, the distinction between working time and rest periods is practically extremely important. The case law of the ECJ is decisive for the demarcation of these areas. Both working time and rest period are terms expressly listed in Article 2 of Directive …
The right to extend working hours – sec 9 Act on Part-Time Work and Fixed-Term Employment (TzBfG)
Many employees want flexibility at work; often, this means there is a desire to work part-time (less than 40 hours a week). However the reverse case is also not uncommon; an employee wants to increase his working hours, particularly to earn more money. Both cases are covered by German law. However, there is a claim …
Does the employer have to pay for clothes change times?
Many professions require the wearing of special clothing, whether for hygiene or safety reasons (for example, in a hospital), or to show a particular corporate identity (for example, supermarket vendors). The worker does not wear the clothing because he wants to, but because the employer demands it. This leads to several problems: First, the question …
Demonstrating readiness to work every three minutes is unreasonable
On 10 August 2017 the Labour Court of Berlin stated that it is unreasonable to require a taxi driver to press a button at short intervals of time in order to control the employee’s readiness to work (judgement of the Berlin Labour Court dated 10 August 2017, docket number 41 Ca 12115/16). The employee works …
New legislation on Act on Part-Time Work and Fixed-Term Employment postponed
In the course of assembling a parliamentary majority after the 2013 federal elections in Germany, the CDU and SPD parties agreed in their coalition agreement on adopting legislation on increasing flexibility for employees. One of the proposals provides for the employee’s right to return to full-time work after a fixed period of part-time work. As …
The journey is the reward…
On 10 September 2015 (docket number: C-266/14), the European Court of Justice (CJEU) ruled that all travel time for employees with no fixed base constitutes working time within the meaning of the EU Working Time Directive 2003/88/EC. The dispute in the main proceedings concerned Tyco, which carries out a business that involves installing and maintaining …
The person you have called is not available…
According to Sec. 9 para 1 of the Working Time Act, employees are not allowed to work on Sundays and public holidays. However, the law provides for a number of exceptions, for example for employees in emergency and rescue services and hospitals or the public transport sector but also in restaurants, theatres or other leisure …
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