Closing time means closing time, which also means that you no longer have to be available for your employer.
This was confirmed by the Schleswig-Holstein State Labor Court.
Many people spend a large part of their lives at work – so the profession should be chosen with care.
If it no longer fits, further training or lateral entry into other areas could be an alternative.
But the job is not everything, relaxation on vacation and in your free time are just as important.
And you should and may take this time consciously.
After work, if you are not on call or something similar, you can switch off the phone - then you no longer have to be available for your employer.
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Availability after work: You don't have to answer the phone
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After work, you do not necessarily have to be available for work.
© rtbilder/Imago
The Occupational Health and Safety Act (ArbSchG) regulates when employees may be employed.
The current situation is that people usually work eight hours a day and this time should not be exceeded.
However, a maximum of ten working hours per day is permitted if eight hours per day were worked on average over the course of a six-month period.
A rest period of at least eleven hours after the end of work should also be observed.
After work, the rest period usually begins, like the
Burger law firm
informed on their own website.
During this time, you don't have to "answer your cell phone" when the boss calls you.
This can be different if you belong to certain professional groups such as nurses, restaurateurs or nursing staff.
It is also worth taking a look at your employment contract to see whether something has been agreed there regarding availability after work.
An exception applies if you hold a high or responsible position.
Availability after work: the court ruled in September
At the workplace of an emergency paramedic, there were short-term changes to the duty roster and the employee could not be reached by telephone, text message or email in two cases.
He appeared on his regularly scheduled appointments and received a warning and finally a warning for “unexcused absence”, as reported by the
time
.
The emergency paramedic went to court and initially failed at the labor court, but on appeal the Schleswig-Holstein State Labor Court finally agreed with him.
According to the judgment, the employer must expect that his message will only be taken note of at the beginning of the service, informs the
time
.
Only then is the employee obliged to work, which also includes reading the official messages that have been received.
Termination of the employment contract: the most important facts that everyone should know
Termination of the employment contract: the most important facts that everyone should know
Reading business SMS is working time
The judgment states: “When reading an SMS, with which the employer specifies his managerial rights with regard to the time and place of work, it is working time.
The plaintiff does some work by reading.” It is also made clear that employees have the right to be unavailable, that leisure time is self-determined time, including the following: “It is one of the most important personal rights that a person decides for whom he/she wants to be available during this time or not.” With the unavailability, the health of employees can also be protected.
List of rubrics: © rtbilder/Imago