Changing and setup time
The changing and set-up time is the period of time for employees to put together and put on or take off the necessary uniform or service clothing as well as items of equipment. Mainly affected are service personnel (especially police officers, fire fighters and the service personnel of the municipal security services, mostly in the field ). This group of people is obliged to perform service in uniform and with personal equipment (e.g. protective clothing , weapons). In many areas in Germany it is a matter of dispute whether the changing and set-up times are working hours or not.
Many employers count the changing and set-up time, about two times seven minutes (plus walking time ) per work unit, not part of the working time.
Outside the public service , unless otherwise agreed or if something else results from operational practice, washing and changing clothes do not count towards (remunerated) working hours.
Both the GdP and the DPolG demand that set-up and changing times be recognized as working time.
"The colleagues do not have to bring their private time with them, they have a right to appropriate retaliation for their work."
Jurisprudence
In the past there were several administrative court judgments on this in Germany , which turned out differently:
- Administrative court Karlsruhe (11 K 3998/08) - no
- VG Stuttgart - no
- VG Münster (4 K 2819/04) - affirmed (plaintiff was granted an additional week of free time per year)
- VGH Baden-Württemberg , 4th Senate (4 S 1676/10 and 4 S 1677/10) - has admitted appeal against the two judgments from Karlsruhe and Stuttgart
- OVG North Rhine-Westphalia - affirmed (the donning and doffing of the police officers' numerous items of equipment is to be considered as working time. Revision not permitted, non-admission complaint however possible)
According to recent supreme court rulings, the set-up time is considered to be remunerated working time if the employer has ordered the wearing of service or work clothing and this service clothing is either not allowed to be worn outside of work on the way to work, or if the employee is objectively considered not to wear his own Is interested in wearing this outside of the workplace (e.g. because of a conspicuous design or a company logo on it). In this case, the distances between the changing room and the workplace also count as working time. (BAG, 1 ABR 54/08 dated 01/01/2009, 5 AZR 678/11 dated 09/19/2012 and 1 ABR 76713 dated 11/17/2015). The parties to the collective bargaining agreement can, however, expressly exclude changing times from the remuneration obligation in the collective agreement (BAG, 5 AZR 954/12 of December 13, 2016).
Individual evidence
- ^ Mathias Busch: Washing and changing clothes as working hours? ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. Operations consultant (1995, p. 1690 ff.)
- ↑ GdP ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. . Accessed July 27, 2010.
- ↑ DPolG ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. . Accessed July 27, 2010.
- ↑ Press release of the court ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. "Putting on the service uniform is part of the police officer's time", July 13, 2010. Accessed July 28, 2010.
- ^ Plaintiff: "Time required around 45 hours a year"
- ↑ VGH BaWü press release "Does putting on the uniform belong to the working hours of a police officer? Administrative court allows appeal" from July 19, 2010. Accessed on July 27, 2010.
- ↑ Archived copy ( memento of the original dated November 4, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Press release "Additional service through equipping and dismantling police officers" from November 3, 2016
