On-call service

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The call ( daily service ) is a special type of call time . The employee must be available to the employer at all times , without having to be personally present at the workplace , in order to be able to start work on demand.

During the on-call duty, the employee may be at a location of his choice. However, he must not be at a distance from the place of work that runs counter to the purpose of on-call duty, so he must be able to start work as soon as possible so that work can be started if necessary.

However, if an employee is required to be constantly available for work within such a short period of time that his ability to take care of personal and family matters, for example to take part in sporting or cultural events, or to meet friends, is significantly restricted , is no longer on call, but call time ago.

As long as the employee is not called to work during on-call duty, this time is considered a rest time in terms of occupational safety .

Another labor law relationship is on- call work . This differs from on-call duty in that the scope of work depends on the workload. The employee may refuse to work on call work if he is not notified of the work assignment at least four days in advance.

Individual evidence

  1. BAG , judgment of January 31, 2002, Az. 6 AZR 214/00, full text .
  2. ^ LAG Cologne , judgment of August 13, 2008, Az. 3 Sa 1453/07, full text .
  3. see § 5 Abs. 3 ArbzG , on this fundamentally ECJ , judgment of October 3, 2000, Az. C-303/98 (Simap), full text , guideline No. 3, Rn. 50.