Roster

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Roster as a board
Roster

The duty roster is an instrument for personnel deployment planning in companies and companies. It is intended to ensure that the purpose pursued by deploying manpower is achieved and that the purpose is achieved in accordance with the quality requirements.

Based on a specific quantitative and qualitative personnel requirement, the start and end of working hours and breaks for the personnel to be deployed are specified in the duty roster for a specific organizational unit and it is determined which employees are to be deployed at the specified times.

In framework duty rosters, certain general, abstract criteria are planned, while in individual duty rosters the specific deployment planning takes place, for example, for a weekly or monthly period.

By creating the duty roster, the employer exercises his right to issue instructions according to Section 106 Clause 1 GewO with regard to the situation of working hours by specifying when the employee has to perform the work owed by him. The duty roster is to be drawn up at reasonable discretion , taking into account mandatory normative provisions . This calls for a weighing of the mutual interests of employer and employee.

When drafting the duty roster, the co-determination rights of the works council or corresponding company employee representative bodies must be observed.

Framework duty roster

Often, general and abstract criteria are specified in a framework duty roster, which must be observed when drawing up the individual duty roster due to legal provisions or a fundamental decision. The creation of the individual duty roster is facilitated by the scheme specified in the framework duty roster.

For example, the following criteria are set in a framework duty roster: the definition of shift work , the working hours to be performed on individual days of the week, the legal or contractual requirements to be taken into account (e.g. break times ), the operational or contractual conditions such as shift length and times or the individual Vacation entitlements to be approved by employees.

Legal requirements

When creating the duty roster, both public law provisions, especially the Working Hours Act , and private law provisions such as collective agreements , company or service agreements or employment contracts must be observed.

Working Hours Act (ArbZG)

The provisions of the ArbZG are binding for employers and employees (workers, employees, trainees and employees). The ArbZG serves to protect workers' health by defining certain minimum standards. Working hours can be arranged flexibly within the legal framework. More favorable regulations for the employee are of course permissible. Due to opening clauses in the ArbZG, some collective agreements or works agreements contain regulations that deviate from this law and take precedence over the law.

Maximum working hours per weekday (Section 3 ArbZG)

The working day may not exceed eight hours. However, it can be extended to ten hours if, within six calendar months or within 24 weeks, an average of eight hours of working time per working day is not exceeded. According to the Working Hours Act, the term “working time” refers to the time from the beginning to the end of employment without breaks. Breaks are therefore not working hours, but are times of readiness for work and on-call duty in the form of availability. These standby times are to be counted when observing the maximum working hours, but not the times of on-call duty.

Rest breaks (§ 4 ArbZG)

No break is required for working hours of up to six hours. A break of 30 minutes must be allowed between six and nine hours of working time. If you work more than nine hours, the rest break is 45 minutes. The prescribed total break time may be divided into individual time segments of at least 15 minutes. A break must be granted after six hours of work at the latest. The break may not be placed at the beginning or the end of working hours.

Breaks are not working hours. The break time must be set in advance, at the latest at the start of daily working hours. During the break, the employee must be allowed to leave his workplace and the company premises. A break regulation does not meet the legal requirements if the employees are allowed to take breaks, but this is impossible for them for factual or legal reasons (BAG of 23 September 1992 - 4 AZR 562/91). No readiness may be ordered during the break. As a rule, there is no entitlement to remuneration for the break time.

Rest periods (§ 5 ArbZG)

After the end of the daily working hours, an uninterrupted rest period of at least eleven hours must be observed. In nursing homes, this rest period can be reduced by one hour to ten hours if any reduction in the rest period within a calendar month or within 4 weeks is offset by extending another rest period to at least 12 hours.

Readiness for work and on-call duty are not suitable for fulfilling the prescribed rest period. However, on-call duty can be arranged. During the on-call time, the employee may be used up to half of the rest period if he is given a corresponding rest period at another time. If more than half of the rest period is used, the employee must be granted a full rest period (at least ten hours) immediately afterwards.

Night work (§ 6 ArbZG)

Night work is any work that is performed for at least two hours during the statutory night time between 11:00 p.m. and 6:00 a.m. (Section 2 Paragraphs 3 and 4 ArbZG). Employees who either have to perform night work as part of alternating shifts or who perform night work for at least 48 days in the calendar year are so-called “night workers” (Section 2 (5) ArbZG).

In the case of night workers, the compensation period, within which an average working day of eight hours may not be exceeded, is not six but only one month or four instead of 24 weeks. But this only applies to times when they work at night.

Legal provisions for special groups of people

Exceptions to the above issues apply to young people, regulated in the Youth Labor Protection Act (JArbSchG), and for expectant and breastfeeding mothers, regulated in the Maternity Protection Act (MuSchG). Further exceptions apply to civilian service providers under the Civilian Service Act (ZDG) and severely disabled people under SGB IX (formerly SchwbG).

Private law provisions

Often collective agreements must be observed that contain binding specifications for the organization of working hours, such as the duration of daily working hours or weekly working hours, but also rules for making working hours more flexible. Other collective agreement provisions can have an indirect influence on the organization of working hours, for example the obligation to pay time supplements for overtime , night work or work on Sundays.

A company or service agreement can contain rules similar to those in a collective agreement, but can also contain a binding framework for the design of duty rosters.

The same applies to individual employment contracts .

shape

A duty roster form should be clear and not too small. It is important that the symbols and abbreviations used are clear and explained. The duty roster should indicate:

  • Employee's first and last name
  • the qualification
  • The planned working time (degree and scope of employment, also possible as a percentage)
  • proof of public holidays, overtime and overtime to be offset
  • the duty roster period and the area to which this plan applies
  • the creation date, the signature of the creator and the approving signature of the responsible manager
  • planned service (TARGET services)
  • different services (ordered changes)
  • Deviations from the target plan (ACTUAL services, e.g. in the form of specifying the additional minutes worked).

The roster is legally a document . Entries and changes must be clearly traceable. The use of Tipp-Ex®, pencils or fountain pens is prohibited due to the requirement of authenticity. Deletion until the data is unrecognizable is also not permitted.

The duty roster as documentation and as the basis for billing

The duty roster form is also often used to document and prove the actual working hours. For this it is necessary to be able to clearly differentiate which times were planned and which working times were actually performed - possibly deviating from the plan. At the end of the planning period , the hours actually worked are used, for example, to settle time surcharges or offset working hours; In the case of flexitime, there may be a carryover to the following period.

literature

  • Ralf Birkenfeld: ABC of duty roster design: Working time flexibility and new working time models in the healthcare sector. 2nd Edition. Bund-Verlag, Frankfurt am Main 2000, ISBN 3-7663-2950-2 .
  • Rolf Bühner: Personnel Management. 2nd Edition. Verlag Moderne Industrie, Landsberg / Lech 1997, ISBN 3-478-39612-3 .
  • Federal Labor Court, Decision 1 ABR 2/02 12 (BV 1/01 Labor Court Freiburg); announced on February 18, 2003: ... states, among other things, that the employer may set up a framework service plan for the rescue service within the following limits.
  • Johannes Funk: Drafting the duty roster, legal basis, examples, tips. 2nd Edition. Vincentz Verlag, Hannover 2002. (3rd edition. 2004, ISBN 3-87870-115-2 )
  • A. Häber, R. Eichstädter, R. Haux: Computer-aided service planning in care . (PDF; 453 kB). (Practice report Uni.kl. HD)
  • Andreas Heiber, Gerd Nett: Handbook outpatient deployment planning. Basics, processes, optimization. Vincentz Network, 2006, ISBN 3-86630-023-9 .
  • Michael Wipp, Peter Sausen, Dirk Lorscheider: Control loop for deployment planning - creating duty rosters safely and efficiently. Vincentz Network, 2012, ISBN 978-3-86630-184-9 .
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