Time periods in the border area of working time
Time periods in the border area of working time include many activities in context of work duties. They only account for a small part of every working day, but they are necessary every day. Over time, the minutes spent on those activities each day turn into hours, days, and weeks.
Many aspects of every employee’s professional and private life are strongly influenced by working time. This includes the overall duration of work and fair remuneration for working hours and the timing of work. The organizing of working time determines the time frames of employees’ private lives and the opportunities to rest and recover.
From the perspective of working time regulations, a working day may begin or end earlier or later than from the perspective of remuneration. Furthermore, the timing of work may be subject to works council participation. For example, the consideration of times for changing clothes that become necessary by the employer’s instructions can result in a higher salary, a lower working volume or even administrative penalties.
Due to these facts, matters regarding the border area of working time are subject to decisions of the European Court of Justice and the German Federal Labour Court on a regular basis.
This dissertation is intended to be a contribution to a more accurate understanding of the borderline between working time and private time from the perspectives of public working time law, employment contract law and works constitution law. De lege lata, the methods and conditions for a legal assessment of these periods of time are analysed. De lege ferenda, adjustments that are necessary to adapt to the changing realities of work are examined.