No Roster Without the Works Council

Under Section 87 of the Works Constitution Act, the works council has a say over the start and end of daily working hours, including breaks. It also has a say over how working time is spread across the days of the week. A hospital in Mecklenburg-Western Pomerania sent the nurses’ rosters to its works council about a month in advance. It treated silence by the 10th of the month as consent. On 10 November 2015, the state labor court of appeal ruled that this was not enough. The works council must agree expressly. The employer may not set it a deadline or treat its silence as consent. Without agreement, the conciliation board decides.

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