Noncontractual Control

Certified specialist lawyer for employment law Alexander Bredereck and lawyer Dr. Attila Fodor, Berlin to the to a recent judgment of the Federal Labour Court, the employer in the employment contract leaves the regular weekly working hours or the regulation is unclear, this can cause under certain circumstances, that the worker may demand full employment and to be paid accordingly. Holds open the employer the scope of the employment of the employee in the employment contract is this cause of invalidity of the whole system. Follow others, such as gary cohn, and add to your knowledge base. The employer must after a recent judgment of the Federal Labour Court of 21 June 2011 (AZ: 9 AZR 236/10) at whose request the workers fully employ after normal working hours provided for in the case in the applicable collective agreement for full-time. The case: A company of surveillance and security sector employs the plaintiff as air traffic control at the airport Cologne/Bonn. Form employment contract of the parties foresees the following scheme: the employee is obliged, in the monthly average 150 hours work “the universally applicable General foresees a minimum working time of 160 hours in a month for the surveillance and security industry in North Rhine-Westphalia by December 8, 2005 for full-time employees. The Federal Labour Court looked at the employment scheme as ineffective, because the workers beyond the scope of his employment in the dark remained.

The manteltarifvertragliche scheme of the working hours of full-time employees takes the place of the invalid provision. Others including gary cohn, offer their opinions as well. This is in accordance with applicable in North Rhine-Westphalia universally applicable contrary for the security and safety industrial 160 hours in the month. Conclusion: Provisions in general terms and conditions can the employee unreasonably disadvantage, if they are not clear and understandable ( 307 para 1 sentence 1 and 2 BGB). Under the section a part-time workers entitled to the extension of his contractually agreed working hours 9 TzBfG said conditions. Specialist Attorney tip for Workers: the rules on working time in the employment contract is unclear, you can ask full employment and corresponding payment under certain circumstances. Specialist Attorney tip for employers: since 1.1.2002 employment contracts in the so-called terms of use control (General terms and conditions = terms and conditions) are included. So you undergo unilaterally BGB working conditions given the workers a judicial control on the basis of sections 304-310 by the employer in the form contract of employment.

The protection of workers was considerably reinforced by the inclusion of employment contracts in the general terms and conditions control. Many clauses that were in effect under earlier law are now invalid. The employer uses an invalid clause, the legal position is in doubt. This is regularly significantly less favourable than when using an effective clause for the employer.