That the council arbeitsrecht.de at a working time arrangements may be subject to co-determination principle is not disputed. Interesting if all the ground that the courts refer to the work of this. They walk with a significant increase in the regular weekly working hours for an employee of an "attitude" within the meaning of § 99 I S. 1 WCA. What is such a significant increase in working hours was not yet clearly defined by case law.
The BAG (BAG of 9.12.2008, AZ: 1 ABR 74/07) has decided it now. The BAG is based on regarding the duration of § 95 WCA III, saying that a working time regulation, which is scheduled for more than a month, can be substantial. Significantly, the increase in working hours over a period of one month out but only if they exceed 10 hours per week or more. Again, the reasoning is interesting. The BAG is concerned involves the provision in § 12 I TzBfG p. 3. The RG concludes from this scheme that the legislature considers a working week of 10 hours as a minimum time for a part-time employment, and therefore with an increase in the workload of each employee 10 hours / week, a part-time job into consideration. Thus the interests of employees are affected, because the council could possibly penetrate to the creation of part-time jobs.
Such clear-law brings legal certainty in any case the works.
http://www.anwalt-strieder.de/ (Solingen / Leverkusen) http://www.rechtsrat-arbeitsrecht.de/ http://www.arbeitsrecht-fachanwalt-leverkusen.de/ (Leverkusen)
