working hours

According to § 17 para. 1 BAT, overtime is only the hours worked “as ordered”. They can only arise if work is ordered that falls outside the employee’s scheduled or normal working hours. On-call duty, on the other hand, occurs when the employee has to stay at a location designated by the employer for operational purposes, without being required to be alert, so that he can begin his full work activities immediately if necessary. This corresponds to the definition of Section 15 Paragraph. 6th thing. According to a ruling by the Sixth Senate of April 25, 2007 ( 6 AZR 799/06 ), the employer is generally allowed to determine what type of service the employee has to provide in the exercise of his right to issue instructions. He may, within the scope of what is permitted by law, collective agreements and contracts, order either on-call duty, on-call duty or overtime and is also entitled to change the order made in advance in a duty roster. If an employee is legally required to be on call after standard working hours, the employer can use the already specified on-call service if there is work to be done beyond the end of the standard working hours. He is not dependent on ordering overtime. A “taking up” of the work in the sense of of Section 15 Para., which regulates the on-call service. 6a BAT can also be accepted if you continue to work beyond regular working hours. The on-call service does not presuppose that only unforeseen work occurs and that work is only required for such work.