Working time in the conciliation committee
The start and end of working time, shift plans, flexitime, mobile work or short-time work are among the most frequent co-determination conflicts. This guide gives a neutral overview of the working-time subjects and the role of the conciliation committee.
Legal framework: Section 87(1) nos. 2 and 3 BetrVG
Subject to co-determination are the start and end of daily working time including breaks and the distribution of working time over the weekdays (no. 2), and the temporary reduction or extension of customary working time (no. 3). The duration of individual working time as such is not co-determined. If no agreement is reached, the conciliation committee decides.
Typical content
- Shift systems & schedules
- Flexitime & variable time windows
- Trust-based / output-oriented working time
- Time recording
- Mobile work / home office
- On-call and stand-by models
- Overtime / additional-hours rules
- Short-time work
- Annual-hours & flexitime accounts
If no agreement is reached
In disputes over the arrangement of working-time models, the conciliation committee decides. As chair, I guide the parties to rules that give the company planning certainty and employees reliability – without straining industrial peace.
Briefly answered
The position and distribution of working time and its temporary reduction or extension are co-determined (Section 87(1) nos. 2 and 3 BetrVG). The duration of individual working time – the pure volume – is not.
The conciliation committee can be called. It decides on the disputed arrangement; its award replaces the agreement.
More in the guide: Shift work · Home office & mobile work · Short-time work · all guides
A conciliation committee on working time?
As a neutral chair I guide the parties to workable working-time arrangements – across Germany.