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COVID-19 working time regulation allows 12-hour layers

System -relevant employees should be allowed to work up to twelve hours a day due to crisis. This regulates a legal ordinance of April 7, 2020.

In addition, the minimum rest period between the end of work and the start of the eleven is now being shortened to only nine hours. The so-called " COVID-19-working period ordinance " thus loosens §§ 3 and 5 Paragraph 1 of the Working Hours Act (ArbZG) for the duration of the Corona crisis. It is initially limited until July 31, 2020.

Which employees fall here?

The exceptions are intended to "maintain public security and order, health care and nursing care, general interest and/or to supply the population with existential goods". 

Activities that are necessary are recorded. This should include employees of medical professions and employees in the police and fire brigade. She also records employees who work in production and distribution so -called "existential goods".

Content design?

On the basis of this regulation, the deviations mentioned below are particularly permissible if they are necessary to maintain public security and order, health and nursing care, the provision of services or to supply the population with existential goods:

  • Extension of working hours to up to twelve hours if the weekly working hours are restricted to up to 60 hours,
  • Admissibility of Sundays and public holidays, provided that this cannot be made on working days,
  • Granting of replacement rest days for employment Sundays within eight weeks instead of two weeks, but at the latest by July 31, 2020.

In addition, the shortening of the daily rest period from usually eleven to nine hours (with time compensation by extending other rest periods or free days within four weeks) is permitted. 

Legal basis of the regulation?

The legal basis for this is Section 14 (4) of the ArbZG . This provision allows exceptions from the Working Hours Act in "Exceptional emergencies with nationwide effects".

The regulation is a reflex of the Corona crisis: on March 27, 2020, it was included in the Working Hours Act as part of the Corona crisis package. It was also possible beforehand that the state offices will approved working hours of more than ten hours in exceptional cases. However, such a nationwide regulation is an innovation. 

 

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