Call work

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On-call work originally referred to an employment relationship in which the duration of the working time is not fixed within a certain period of time. The employer specifies the employment relationship and the working hours if necessary. An employment contract essentially only regulates the amount of remuneration per unit performed. In case of doubt, there is an employment relationship, but the employee cannot be claimed for a longer period of time and will then not receive any remuneration.

The sense of an on-call employment relationship is to make working hours more flexible . On-demand work can often be found in employment contracts for system catering (e.g. McDonald’s, etc.). Critics believe that on-demand work leads to precariousness . Due to the regulations on protection against dismissal , German labor courts declared such employment contracts, also known as zero-hour contracts , null and void at an early stage . In the UK, however, zero hours contracts are widespread;

In German labor law , Section 12 of the Part-Time and Temporary Employment Act regulates on-call work (according to the legal definition of work on call ).

Work on demand

When working on call, the employee must perform his work in accordance with the workload, i.e. H. the employee is available to the employer on call.

A minimum weekly and daily working time must be agreed in the employment contract. If this agreement is missing, a weekly number of 20 hours is deemed to have been agreed. The increase in the fictitious weekly working time can result in the loss of social security exemption for mini-jobbers who do on- demand work: A weekly working time of 20 hours leads to a monthly wage of more than 700 euros due to the minimum wage of 9.35 euros per hour. The wage limit of 450 euros applicable for mini jobs ( Section 8 (1) No. 1 SGB ​​IV ) is thus exceeded. The activity is subject to social security contributions.

An agreement on the minimum working hours can also result from coherent behavior. It depends on the actual execution of the contract; the average working time of past weeks is used for the calculation. If there is no contractual stipulation of the daily working hours, the employer must use the employee's work for at least three consecutive hours. The employee is only obliged to work if the employer notifies him of the situation of his working hours at least four days in advance ( Section 12 (2) TzBfG). In collective agreements, regulations deviating from the law can be created for on-demand work, including those that are less favorable for employees (Section 12 (3) TzBfG). In principle, the agreed minimum working time must also be remunerated if the employer is unable to employ the employee. These regulations make the terms KAPOVAZ and “work on demand” actually synonymous .

The DGB criticizes that employers' notice periods of at least four days would be undermined in practice. In addition, employers could easily evade their obligations to pay wages in the event of illness and vacation by simply not calling off work on those days.

KAPOVAZ

In contrast to on-demand work, the term KAPOVAZ originally refers to a form of work in which a fixed working time quota, for example 20 hours a week, is set and remunerated even if it is not used, but the specification of the working hours is short-term - in theory very short-term - and variable can be done by the employer.

The works council's right of co-determination according to Section 87 (1) No. 2 BetrVG regarding the start and end of daily working hours including breaks and the distribution of working hours over the individual weekdays also applies to on-call work and KAPOVAZ.

There is no on-call employment relationship with an uneven distribution of working hours but so-called full - time , such as shift work . The § 12 TzBfG is not on standby duty , on-call and emergency service as well as overtime applicable.

See also

literature

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  1. ^ For example, Hamburg Labor Court on May 2, 1984 under 6 Ca 691/83.
  2. ^ The decent jobs deficit: the human cost of zero-hours working in the UK. In: http://www.futureofworkhub.info . December 15, 2014, accessed January 25, 2015 .
  3. ↑ Jobseekers being forced into zero-hours roles. In: www.theguardian.com. May 5, 2014, accessed January 25, 2015 .
  4. ↑ Volker Finthammer: New rules for work on demand: Problems for mini jobbers . Deutschlandfunk.de, January 4, 2019 .;
  5. ↑ Meinel / Heyn / Herms: Part-time and temporary law. 4th edition 2012, § 12 Rn. 36.
  6. ↑ BAG, judgment of December 7, 2005, 5 AZR 535/04, under III 5. a) with further references
  7. ↑ Labor market: DGB wants to fight “work on demand”. Spiegel online, September 26, 2016, accessed on September 27, 2016 .