Shutdown lifted at short notice?
Good day,
I work in a large metal company (IG Metall)
Since January, the company agreement has stipulated that the Friday after Corpus Christi is a holiday.
Now, however, three people are supposed to start work at short notice. Today, the announcement came
Can the employer simply decide this?
Thank you
If this is a large metalworking company and you mention "IG Metall," I assume that a collective agreement applies and that there is a works council.
What does the works council say about the short-term deployment?
Apart from that, this "bridge day", which was announced months in advance, is binding for both sides.
Furthermore, the notice given to the three employees is too short, even for "on-call work," according to the provisions of Section 12 of the Part-Time and Fixed-Term Employment Act, which stipulates a notice period of at least four days in advance.
The employer has exercised his right to give instructions and is dependent on the employee's consent to work on Friday.
He can only request this in the case of "urgent" business needs. These could include a flood, fire, earthquake, or other incidents that would cause significant damage to the company (e.g., loss of a major contract, threat to jobs, etc.) if these three employees were not working.
If the employer suddenly realizes that, for example, maintenance work can be carried out, this is not an emergency that entitles him to deploy the employees.
Employees also have a right to leisure activities.
Schwer zu sagen, dazu müsste man die Begründung des AG kennen.