Working Schedule Checks Could Be Part of Employees' Downtime, as Per German Court Decision
In a recent ruling, Germany's Federal Labour Court (BAG) in Erfurt has suggested that employees might need to monitor their work schedules, including stand-ins, during their leisure time. This was in response to a complaint filed by an emergency paramedic from Schleswig-Holstein who argued against being responsible for work-related notifications outside of his official work hours.
The emergency paramedic maintained that his employer had no rights to his attention during his free time. However, the court ruled that since the paramedic was aware of the possibility of being assigned a shift and that his employer might communicate the relevant details a day prior, he should keep himself informed. The court clarified that checking work schedules and receiving notifications hardly impacted an employee's personal time, as reading these messages did not equate to working hours.
Implications of the Ruling
This ruling could imply that employees in fields with unpredictable shift patterns, such as emergency services, might be expected to manage their personal time better, including checking work schedules and receiving last-minute updates from their employers.
The obligation to keep track of work schedules during free time is considered a supplementary contractual duty. While it rarely interferes with an individual's personal time, reading a duty-time message does not constitute working time.
Enrichment Insights
German labor laws do not require employees to monitor work schedules and receive notifications during their leisure time. However, there are several important considerations regarding working time recording and documentation:
- Employers are required to electronically record the commencement, end, and duration of daily operational hours.
- A draft rule from the Federal Ministry of Labor and Social Affairs aims to make electronic recording of working hours mandatory, thus replacing paper records.
- Certain exceptions to electronic recording apply to small establishments with fewer than ten employees, household workers, and foreign companies employing up to ten individuals in Germany.
- Employers must provide training and instructions to employees on proper record-keeping procedures.
- Non-compliance with working time recording and documentation requirements will lead to fines for employers.
While the BAG ruling does not impose a duty on employees to monitor work schedules and receive notifications during their personal time, it underscores the importance of proper working hour records and employees' role in contributing to this process.
