As of: February 5, 2024, 4:47 a.m
Comments
Press
Split
In order to be able to work, many employees first have to start up computers or machines.
Will the time spent on this be compensated?
For most people, the working day begins with a fixed ritual: switching on the computer, putting on uniforms or starting up machines.
These steps are usually completed automatically because they have long since become routine.
However, one important aspect always raises questions: Does this so-called set-up time already count as paid working time?
In fact, the legal situation in this case is not always clear.
For many people at work, the day starts by booting up the computer in the office.
(Symbolic image) © Bihlmayerfotografie/Imago
Labor law: What is the so-called setup time?
The set-up time is the time that employees need to prepare their work equipment so that they can carry out their actual work.
This includes, among other things, setting up a machine, starting up a computer or putting on protective clothing.
All of these preparations are necessary to ensure a smooth workflow.
How long the activities take depends on the individual work.
Even after the work is done, the so-called set-up time comes into play again: The workplace then has to be returned to its original condition.
The PC is shut down and the uniform is taken off.
Other examples include cleaning machines and tidying up the workplace.
This includes both the preparation and follow-up of the actual work.
Don't miss out: You can find everything about jobs and careers in the career newsletter from our partner Merkur.de.
Is the set-up time considered compensable working time?
In the Working Hours Act (ArbZG), working hours are defined as “the time from the start to the end of work without rest breaks” (Section 2 Paragraph 1 Sentence 1 ArbZG).
Working hours for several employers must be added together.
However, there is no information about the set-up time in the ArbZG.
This makes it all the more difficult to make a general statement as to whether it counts as working time.
Rather, individual factors play a decisive role.
In general, it is worth taking a look at the employment or collective agreement.
There, employers often specify what is declared as working hours subject to compensation.
Sometimes working hours are also regulated in a special company agreement.
Decisions of the Federal Labor Court on the so-called setup time
Even if there is no specific legal regulation regarding set-up times, the decisions of the Federal Labor Court (BAG) offer important guidance.
My news
Calculated: How much your salary actually decreases if you reduce hours
Do all employees have to receive the inflation bonus? read
Termination during the probationary period without warning: First signs and what you can do about it
Tax-free inflation bonus can be granted until the end of 2024 - up to 3,000 euros additionally from the employer
Can the employer decide when you take a break?
read
The most common reasons why employees call in sick – Corona has changed a lot
In 2012, the BAG ruled in favor of a surgical nurse who sued against the change to her employer's service agreement.
The hospital no longer wanted to pay for the 30 minutes of changing time every day.
However, the employer had originally ordered that putting on and taking off work clothes should take place on site.
The BAG ruled that wearing uniforms primarily serves hygiene at the workplace and thus the employer's interest.
Therefore, the moving times had to be compensated in this case.
(BAG judgment of September 19, 2012, Ref. 5 AZR 678/11)
An important BAG decision dates back to 2009, also known as the “IKEA decision”.
It was about employees of the Swedish furniture store and their uniforms.
Since the eye-catching blue and yellow work clothes immediately identify the employees as IKEA employees outside of work, putting on and taking off the work clothes was declared as working time subject to remuneration.
In this case, the clothing has such a high recognition value that wearing it only serves the employer's interest.
On the other hand, it is unreasonable for the employee to wear conspicuous clothing outside of working hours.
This situation is referred to with the term “foreign benefit”.
The prerequisite is that the work clothing is prescribed by the employer and private use is excluded.
(BAG judgment of November 10, 2009 – Ref. 1 ABR 54/08, reproduced on
Lexetius.com
).
When the set-up time is part of the working time
Based on these specific cases, general criteria can be derived as to when the “setup time” counts as paid working time.
The employment or collective agreement or the company agreement stipulate that it is paid as working time.
The employee orders the work to be carried out at the place of work.
Example: Protective equipment or surgical gowns may only be put on at the workplace, for example for hygiene reasons.
The activity is for the benefit of others and is solely in the interest of the employer.
Employees cannot be required to wear very conspicuous uniforms on the way to work.
Carrying out the activity is absolutely necessary for the actual work and can only be carried out at the place of work (e.g. adjusting machines).
From these points it is clear that in most cases the set-up time is counted as working time subject to remuneration.
Nevertheless, legal disputes continue to arise due to the ambiguous legal situation.