Equitable Discretion
Although the employer can freely determine the working hours by means of managerial rights, this must not be done according to arbitrary standards, but must act according to the principle of equitable discretion. Whether this is the case depends very much on the individual case. In principle, the employer can subsequently change existing service or work schedules. However, as an employee, you do not have to constantly expect to be overwhelmed by a short-term change of plan. According to §12 Abs. 3 TzBfG the employee has to be informed four days in advance about the working hours. If the period is shorter, the employee is entitled to refuse to work.
balancing of interests
As already mentioned, it depends to a large extent on the individual case whether equitable discretion may exist. Basically, the employer has to balance his own interests and those of the employer. If the decision is made that the shift in working hours is justified, this can be ordered. In case of doubt, the decision must be subject to a judicial review, taking into account the arguments of both sides. If the company has a works council, this is subject to co-determination when making a decision to shift working hours. New working hours or shift work must be agreed with the works council.
To return to the initial question about the lawfulness of changes in working hours by the employer, the answer is yes, provided the employment contract only contains the total number of hours and no specific working hours. This is also the case if no specific working hours are specified in the collective bargaining agreement and no works council exists or has approved it. Working hours can be freely determined and therefore freely changed by the employer at his reasonable discretion and in compliance with the applicable laws.
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