Employees must view roster in their free time
An emergency paramedic is only informed of the exact start of his shift the day before. But do they also have to take note of this information on a day off? The Federal Labor Court has now ruled on a corresponding complaint.
Employees may also have to take note of roster instructions for the following day in their free time, for example by text message. According to a ruling by the Federal Labour Court (B AG) in Erfurt, this is the case if the employee knows, based on company regulations, that their shift will be specified.
The BAG thus dismissed the complaint of an emergency paramedic from Schleswig-Holstein. The employer's duty rosters also included stand-in duties. According to a company agreement, these were planned for the long term and, if necessary, assigned with a binding lead time of four days. According to the works agreement, the employer had to notify the specific working hours by 8 p.m. at the latest on the day before the assignment.
Employer was in the right
For the plaintiff emergency paramedic, such a stand-in day was scheduled after a day off. His employer sent him an email and a text message at around 1.30 p.m. informing him that his shift would start at 6 a.m. the next day. The paramedic did not respond and could not be reached by phone. His employer therefore did not deploy him. On another stand-in day, the paramedic did not respond until the same morning and then arrived two hours late. The employer deducted the missed day and the two hours from his working time credit. The emergency paramedic filed a complaint against this, arguing that he was not obliged to pay attention to duty time instructions during his free time.
The BAG now disagreed. The emergency paramedic had been aware that he had to expect a work assignment. He had also known that the employer would communicate the specific times the day before. The employer had complied with the relevant provisions of the works agreement.
In such a situation, it is part of the employee's secondary contractual obligations to take note of the information. His free time is only insignificantly affected by this, which is why reading the corresponding message does not count as working time. "The rest period is not interrupted by taking note," the Erfurt ruling states. The plaintiff is therefore free to choose when he reads the instruction on working time.
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An advisor in Erfurt may need to check their work schedule, including stand-in duties, in their free time if the company regulations indicate that shifts will be specified ahead of time, as ruled by the Federal Labor Court (BAG) in Schleswig-Holstein.
If an employee in a different region receives a notice about a shift change in their free time, they are expected to take note of it, according to a judgment by the Federal Labor Court (BAG) in Erfurt. This obligation is part of their secondary contractual duties, as stated in the BAG's ruling.
Despite being an advisor in Erfurt, an individual may still have to review their work schedule during their free time if the company regulations stipulate that shift details will be given ahead of time, as per a ruling by the Federal Labor Court (BAG) in Schleswig-Holstein.
Source: www.ntv.de
