Roster

The service plan is a tool for workforce planning in businesses and enterprises. It should ensure that the objective sought by the use of manpower purpose is achieved and the purpose of achieving meets the quality requirements.

Starting from a certain quantitative and qualitative manpower requirements are specified in the roster for a specific organizational unit of the beginning and end of the working hours and breaks for the to be employed personnel and determines which employees are to be used at the specified times.

In the context rosters certain general and abstract criteria are planned, while in individual service plans, the concrete operational planning, for example, for a week or carried -month period.

The employer exerts through the rostering his transfer under § 106 sentence 1 Industrial Code relative to the location of the working hours, by clarifying when the worker has to supply the outstanding work he had power. The service plan shall be prepared in compliance with mandatory normative provisions in its reasonable discretion. This requires a consideration of the mutual interests of employers and employees.

In the rostering participation rights of the works council or employee representative bodies relevant operational and safety practice.

Framework roster

Often in a frame roster general and abstract criteria are established, which are required to comply with creation of individual service plans based on legal provisions or because of a fundamental decision. By default in the frame roster scheme, the creation of individual service plans is facilitated.

In a framework roster example, the following criteria shall be established: The setting of shift work, deliverables working hours at individual days of the week to be considered legal or contractual requirements (eg break times, the company or the employment contract conditions such as shift length and times or individually approved leave entitlements of employees.

Legal requirements

In preparing the roster, both public provisions, especially the Working Time Act, as well as private law provisions, such as collective agreements, company or service agreements or employment contracts must be observed.

Working Hours Act ( Arbeitszeitgesetz )

The provisions of Arbeitszeitgesetz are binding on employers and employees ( workers, employees, trainees and employees. The Arbeitszeitgesetz serves the health of workers, by laying down certain minimum standards. Within the legal framework, the working hours can be flexible. For the employee more favorable provisions of course permitted. partial contain collective agreements or company agreements due to clauses in Arbeitszeitgesetz of this law and the law deviating foregoing provisions.

Factory Maximum daily working time (§ 3 Arbeitszeitgesetz )

The daily hours of work shall not exceed eight hours. However, it can be extended to ten hours if within six calendar months or 24 weeks in an average of eight hours working time per working day not to be exceeded. The term "working time " means, according to Working Time Act, the period from the beginning to the end of employment without a break. Breaks so no working hours, but rather the willingness to work hours and on-call duties in the form of the presence of readiness. This willingness times are counted when compliance with the maximum working hours, but not the times of a call.

Rest periods (§ 4 Arbeitszeitgesetz )

With a working time of up to six hours no break must be granted. Between six and nine hours of continuous working time of a break of 30 minutes should be allowed. In a work of more than nine hours, the rest is 45 minutes. The prescribed total pause time may be divided into periods of at least 15 minutes duration. At the latest after six hours of work a break must be granted. The break must not be placed at the beginning or end of the working hours.

Breaks are not working. The pause time it must be established at the beginning of the working day at the latest in advance. During the break, the employee must be allowed to leave his job and also the premises. A pause then control does not satisfy the statutory requirements if the workers is indeed allowed to take breaks, but this gives them for factual or legal reasons is impossible (BAG of 23 September 1992-4 AZR 562/91 ). In the pause no willingness may be arranged. There is usually no right to compensation of the dead time.

Rest periods (§ 5 Arbeitszeitgesetz )

After the end of the working day an uninterrupted rest period of at least eleven hours, must be respected. In nursing facilities, this rest period may be reduced by one hour to ten hours, if any shortening of the rest period is compensated within one calendar month or within 4 weeks extension of another rest period of at least 12 hours.

Work readiness and willingness service are not suitable to meet the prescribed rest period. However, on call can be arranged. During the on-call time, the employee may be taken up to a duration of half of the rest time, when him for it at a different time to time off is granted. Takes the use more than half of the rest period, so the employee must be given a full ( at least ten hours ) rest period immediately following.

Night work ( § 6 Arbeitszeitgesetz )

Night work is any work that is done at least two hours during the statutory night time between 23.00 and 6.00 clock clock (Article 2 § 3 and 4 Arbeitszeitgesetz ). Employees who have to make either night work in the context of rotating shifts, or providing at least 48 days per calendar year night work, are so-called " night workers " (Article 2 § 5 Arbeitszeitgesetz ).

At night workers is the balancing period within which an average daily hours of work of eight hours should not be exceeded, not six but only one month and four instead of 24 weeks. This is true but only for periods in which they perform night work.

Legal provisions for specific groups of people

Exceptions to the above activities are for young people, governed by the youth employment component (s ), and for expectant and nursing mothers, governed by the Maternity Protection Act ( Maternity Protection ). Other exceptions apply to civilian service after the Civilian Service Act ( ZDG ) and for severely disabled people under SGB IX (formerly SchwbG ).

Private statute

Often, collective agreements must be observed, which impose binding obligations on the organization of working time, such as the duration of the daily working time or the working week, but also rules for a flexible working hours. Other collective agreement provisions may have an indirect influence on the organization of working time, for example, the obligation to pay time penalty for overtime, night work or work on Sundays.

A trade or service agreement may contain similar rules as a collective agreement, but otherwise contain a binding framework for the design of rosters.

The same applies to individual legal level of employment contracts

Form

A roster form should be clear and not too small. It is important that the symbols and abbreviations used are unique and are discussed. The roster should be specified:

• First and last name of the employee
• The qualification
• The planned working time (work volume, scope, even as a percentage possible)
• The proof to be compensated for holidays, more and overtime
• The roster period and the area for which this plan applies
• The creation date, the signature of the Issuing and the approving signature of the supervisor
• Scheduled service (target ) services
• Different services ( arranged to change)
• Deviations from the nominal plan (actual service, for example in the form of an indication of the additional worked minutes).

The roster is legally a certificate. Registrations and changes must be unequivocally understandable. The use of Tipp-Ex ®, pencil or pen is forbidden because of the commandment of authenticity. A deletion of all recognition of the data is also not allowed.

The roster as documentation and as a basis of settlement

The roster form is often used for this in order to document the actual hours worked and demonstrated. This requires that can be clearly distinguished, which times were planned and the working time actually - have been made - possibly with deviation from the plan. At the end of the planning period is based on the hours actually worked about the billing of time penalty or a balancing of work; a carry over to the following period, may result in flextime.