Good day. I have received an employment contract. The following conditions were not previously mentioned: The employee is obliged to work on Sundays, public holidays, night shifts, rotating shifts, as well as on-call duty, overtime, and additional work, within the scope of justified official requirements.
Because of this, I'm having doubts about signing this contract. What do you think?
(1 votes)
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If the conditions are not acceptable to you, do not sign or try to discuss it. Maybe there are exceptions.
There are enough people who are right and I belong to it. 20 years I worked on these conditions and it was wonderful!
I never paid out my extra hours, but instead I left them. This has made a lot of extra holiday. Work after 8 p.m., weekend and holiday work was automatically remunerated.
Wow – “wonderful“!
A general formulation can no longer be used at the latest since 01.08.2022. Since this day, the new law of proof has been valid, which demands a great deal of transparency in the employment contracts – including the situation of working hours. With regard to everything that somehow goes in the direction of shiftwork, it has to be determined quite accurately and in detail when it can happen, how it is handled exactly and how the possible compensation for Sunday or holiday work looks.
Is this job likely to assume that such working time models could occur? So, is it a company that actually operates at night, weekend or multi-layer system? If so: then insist that all that could occur is actually described transparently and formulated in the employment contract. If not, some with the employer make sure to delete this passage. Don’t let him go on one of the two solutions, take a distance!
This is a place as a traffic controller (politesse) with the city.
If you are hired directly at the city, the TVöD should apply to you. This fulfils the requirements of the Proof Act, so you can read what in these cases “fits” around compensation, surcharges or the like.
If you want to know more precisely whether this regulation could really become relevant in practice, just ask the respondent from the application process again!
That’s not right.
Where – please be very – is it the NachwG Detection Act that such a general employment contract obligation is not allowed?
It is not a specific definition of such works (services of Sundays, holidays, night shifts and shiftwork as well as readiness, readiness to call, overtime and work), but rather that the worker is in principle willing to provide such services in the event of an operational necessity.
It goes without saying that the Proof Act does not preclude this.
https://dejure.org/gesetze/NachwG/2.html Paragraphs 1(8) and 9 thus, a flat-rate formulation is no longer possible, but must be explained in more detail in the contract.
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And how is this supposed to go, if not known, whether at all and if so, to what extent such services will be provided?
In the case of a fundamental obligation to provide overtime in the case of operational necessity, it cannot be said to what extent this can be the case, because this is due to the concrete situation, which is not yet known at all!
For me, it is not clear from the provision of the NachwG Detection Act that the employer would be obliged to provide concrete information in an agreement on the basic provision of overtime, shifts, etc. (which are then not possible at all when contracting).
Just such flat-rate commitments to something whose extent, scope and consequences the workers do not know at all when agreed, should be prevented by this amendment! The employment contract is intended to contain transparently for the worker, to which he undertakes – and thus, in the event of a commitment to, for example, shiftwork, clearly define how it is. Simply agreeing to any form of shiftwork that is not defined in more detail would be an absolute contradiction to this change of law and the EU directive underlying it!
That’s wrong.
Even the points mentioned do not rule out that a worker agrees in principle to provide the additional services mentioned in the question.
It is also not a “purchase” formulation on additional services, but only an explanation of the basic willingness to do so.
How can something be formulated precisely and concretely if these services are to be provided only under certain conditions, but these conditions are concrete with time, duration, scope, etc. can’t even be named???