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BAG: Entitlement to more than 20 hours in the absence of an agreement on weekly working hours?
In a judgement dated 18 October 2023 (5 AZR 22/23), the Federal Labour Court (BAG) appears to have taken a third approach to answering the question of which working hours should be taken as a basis where, in the case of on-call work, no working hours have been agreed but the employee works more than 20 hours per week over a prolonged period. Particularly where the volume of working hours is high, the solution can have significant consequences for both parties.
Read the analysis of the BAG’s latest judgement on the topic of ‘Entitlement to more than 20 hours in the absence of an agreement on weekly working hours’ in our article in the Deutscher Anwaltspiegel:
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