- A Substitute Official Working on Call May Be Entitled to Compensatory Time off - Employment-Law
- September 18, 2013
- Law Firm: GRP Rainer LLP - Office
- If an official working on call is entitled to compensatory time off, this also applies to his/her appointed substitute.
GRP Rainer Lawyers and Tax Advisors in Cologne, Berlin, Bonn, Bremen, Dusseldorf, Essen, Frankfurt, Hamburg, Hanover, Munich, Nuremberg, Stuttgart and London - www.grprainer.com/en conclude: In its decision of July 18, 2013 (File No. 5 K 2148/12), the Administrative Court of Giessen ruled that a person acting as substitute is also entitled to compensatory time off if he/she substitutes for an official working on call who is entitled to such a claim under official instructions issued by the superior official.
In the case at hand, the president of the Municipal Court of Giessen had refused to grant time off to an official who had substituted during the year-end holidays for another official working on call, arguing that such substitution happened only in very rare cases. However, it appeared that the originally assigned official had been granted compensatory time off for working on call.
The official who had acted as substitute disagreed with the refusal to grant compensatory time off, arguing that he had been on call just like the actually assigned official and that therefore he had been just as restricted in his possible other activities.
However, the official instructions called for compensatory time off only for the official assigned to work on call, and not for the substitute.
The Administrative Court of Giessen agreed with the plaintiff’s argument and allowed him to claim the same compensatory time off as the assigned official. The court based its decision mainly on the general principle of equal treatment. The Administrative Court saw no objective reason why the official who acted as substitute should be refused to claim time off. The court agreed with the plaintiff that he had been restricted in his other activities when he was on call. After all, the substitute also had to expect a call at any time which would have obligated him to provide a service at the office.
When employees feel disadvantaged by their superiors, a lawyer can help to assert existing claims, especially a claim for equal treatment in comparison with other employees. In such cases, the General Equal Treatment Act [AGG] must also be respected.
In their decisions about dismissals, transfers and changes in pay, employers must observe numerous regulations. Precisely for that reason, statements by the employer should not be simply accepted but reviewed by a lawyer.