Tag Archive: working time

Employee data protection: Notification of private mobile phone number to employer

The Higher Labor Court of Thuringia decided that the processing of an employee’s private mobile phone number against his will is an extremely serious interference with the employee’s personal rights and was not justified in the specific case (decision on 16 May 2018 – docket number 6 Sa 442/17). Therefore, the warning issued in this …

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Employer obligation to provide individual target agreements to safety authority

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 …

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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 …

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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 …

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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 …

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Temporary agency workers cannot be charged with ‘negative’ working hours

A temporary employment agency is not allowed to charge an agency worker’s working time account with ‘negative’ hours, whenever the worker is not rented out to a client. The regional labour court Berlin-Brandenburg ruled such action to be a violation of the German Commercial Agency Work Act (Arbeitnehmerüberlassungsgesetz, AÜG). The agency worker’s right to remuneration …

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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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