Shift plan - announcement, deadlines and labor law
Anyone who draws up a shift plan must observe a number of guidelines. This often leads to avoidable annoyances and disputes between employers and employees. One question that comes up again and again: When does the duty roster have to be ready? And what is the deadline for posting a shift plan? In this guide, we clarify the most important questions on the subject of duty rosters and deadlines.
Anyone who draws up a shift plan must observe a number of guidelines. This often leads to avoidable annoyances and disputes between employers and employees. One question that comes up again and again: When does a shift plan have to be available? And what is the deadline for posting a shift plan? In this guide, we clarify the most important questions on the subject of duty rosters and deadlines.
Publication deadline for shift plans - a gray area under employment law
When does a shift plan have to be available?
The short answer: There are no statutory regulations on this. This means that it is up to the employer to decide when to inform employees about the shift plans - which in turn leads to uncertainty among planners and employees. However, a rule of thumb has proven itself in many cases. It says:
A shift plan should be posted in advance for about half the time it is valid.
An example illustrates exactly what this means: a shift plan in a company specifies the working hours for one month, i.e. for the period from April 1 to April 30. When should the roster be announced? About half a month in advance, i.e. two weeks in advance - in our example, on March 15.
How long do short-term changes have to be communicated?
The situation is different for changes at short notice and so-called work on call: employers must inform their employees at least four days before the start of work. If they fail to do so, the employee has the right to refuse to work. Important: This deadline also applies to overtime - according to the law, this must also be announced at least four days in advance.
It is also not permitted to cancel promised work at short notice. However, there is an exception here too: if the work can no longer be carried out due to operational necessity, for example because the machine is defective and can no longer be repaired. This is regulated in § 12 Para. 2 of the Part-Time and Fixed-Term Employment Act.
How the Siemens Energy workforce benefits from shyftplan
Let our satisfied customers convince you! In this video you will learn first-hand how Siemens Energy has automated and optimized its shift planning by using shyftplan.
Advantages of automated shift planning
01.
You save automatically
By relying on fully automated, digitized shift planning, you not only save time - but also costs.
02.
More success through satisfied employees
Thanks to demand-driven scheduling, work is not only more effective - it also makes staff happier. And a good working atmosphere ensures efficient operations.
03.
More security thanks to automation
Our software protects you fully automatically against errors. So you not only have fewer worries, but also fewer disruptions to your operations.
Nevertheless, companies have many options for regulating the notice period for shift plans:
shift plans and notice periods according to collective agreements
In many companies and businesses that work in shifts, employees have collective agreements. These agreements often stipulate how many days in advance a shift plan must be posted. Shift planners should also ensure that the works council must approve the shift plan.
Regulation on the shift plan in the employment contract
Of course, the employment contract can also stipulate when a shift plan must be drawn up. This is because many employees, especially parents, want to be able to plan their time in advance and may therefore insist on this planning certainty. If corresponding clauses are included in an employment contract if a company has already concluded works agreements, the clauses in the contract apply. However, the works council must give its consent if the provisions of the works agreements are waived.
Company regulations for the notice period of the duty roster
It is best if company regulations specify exactly how long in advance the shift plan must be posted. It often makes sense to specify a certain day of the month (for monthly schedules) or week (for weekly schedules). Such rules are easy to implement and have advantages for both the staff planner and the employees themselves:
- Planning security
Employees know exactly when they can expect a new shift plan and therefore have security.
- Deadlines provide orientation
Personnel planners have a fixed deadline by which they must announce the new shift plan. Although this may lead to some time pressure, it also ensures greater order and reliability thanks to a regular structure.
- Regularity and reliability
The regularity and planning reliability ensure a more relaxed working atmosphere - because neither planners nor employees have to worry about when the next shift plan will be announced.
The following applies: any regulations from a collective agreement do not lose their validity due to company agreements. This also applies if the company agreements would favor certain people.
Of course, shift plans can also be published before the agreed date - so it is better to publish them too early than too late. However, planners must then bear the following in mind: If there are collective agreements, the works council must first approve the shift plan. The shift plan can then only be published with reservations.
