Working at inconvenient times is a term used in the public sector. It describes working hours at night or on Sundays and public holidays – i.e. at times when there is actually no work. Public service at inconvenient times cannot be prevented. The police, fire department, emergency services and so on are needed at all times. Accordingly, they are always on duty at inconvenient times.
Which working hours are considered unfavorable?
In addition to working at inconvenient times, there is also working at inconvenient times. The difference is simply that the service refers to the public sector and the work refers to employees in practiced professions. The working hours of contract employees are usually set out in the employment contract. Different legal bases apply to the various employee relationships. These laws are also responsible for the definition of service or working at inconvenient times.
The hardship allowance regulation and working at inconvenient times
The Ordinance on Inconvenience Allowances (EZulV) regulates the working hours for the recipients of prospective employees’ salaries and service remuneration. According to the EZulV, the following unfavorable working hours apply:
- Sunday service
- Service on public holidays
- Service on Saturdays before Easter and Whitsun after 12 noon (all other Saturdays after 1 p.m.)
- provided these days do not fall on a Sunday, service on December 24 and December 31 after 12 noon
- Night shift between 8 p.m. and 6 a.m.
According to the EZulV, an entitlement to bonuses for working at unfavorable times only applies if more than 5 hours per month are worked at such times.
The collective agreement for the public sector
Working hours are strictly regulated in collective agreements. This also includes working at unfavorable times. According to the collective agreement for the public sector (TVöD), these are unfavorable times:
- Sunday service
- Service on public holidays
- provided these days do not fall on a Sunday, duty on December 24 and December 31 from 6 a.m.
- Saturday work from 1 p.m. to 9 p.m. (except when shift work is performed)
- Night work between 8 p.m. and 6 a.m. (for employees without civil servant status between 11 p.m. and 6 a.m.)
The Working Hours Act and working at inconvenient times
The Working Hours Act (ArbZG) regulates the working hours for all contractual employees. It therefore also defines what constitutes unfavorable working hours. According to the ArbZG, these are:
- Sunday work
- Work on public holidays
- Night work between 11 p.m. and 6 a.m. (for employees in bakeries and confectioneries between 10 p.m. and 5 a.m.)
For work on Sundays and public holidays, employees are also entitled to an additional day of rest in addition to their entitlement to bonuses.
Allowances and bonuses for working at inconvenient times
Employees and civil servants who perform their duties at unfavorable times are entitled to bonuses or supplements. However, this does not apply to all types of unfavorable working hours. The regulations again depend on the individual laws. The Working Hours Act stipulates that there is an entitlement to bonuses for night work. However, this entitlement does not apply to work on Sundays and public holidays. You can negotiate these regulations individually in the employment contract. It is therefore possible to increase the entitlement to bonuses. However, you may not take them away from your employees. As long as the bonuses do not exceed a basic hourly wage of 25.00 euros, individually agreed bonuses for work on Sundays and public holidays remain tax-free and exempt from contributions. The Regulation on Hardship Allowances regulates the allowances for grades with ascending salaries. These arise if more than five hours in a calendar month are worked at unfavorable times. On-call duty and travel time on business trips are not taken into account. On-call duty, on the other hand, is regarded in full as duty at unfavorable times. Allowances are always subject to tax and contributions. If work at unfavorable times has already been compensated for in another way, the entitlement to allowances does not apply. This is the case, for example, if voluntary bonuses have already been paid. It is also possible to compensate for work at unfavorable times by taking additional leave. In this case too, all further entitlements are forfeited.
