Willingness to work

Readiness for Work: Definition, Types and Importance for Companies

In many industries, it is necessary for employees not to work continuously, but to wait for their deployment in specific situations. This phase is referred to as readiness for work and is a special form of working time, which has clear labour law regulations and compensation regulations.

What is Readiness for Work?

Readiness for work means that employees must remain at their workplace and be ready to start their work immediately and without delay as soon as required. During this time, they observe their surroundings and assess the situation without continuously engaging in active activities.

The Federal Labour Court defines readiness for work as “time of alert attention in a state of relaxation”. This means that employees are not completely passive during readiness for work but remain in a kind of standby mode.

Examples of Readiness for Work

Readiness for work occurs in many professions. Some typical examples are:

• Retail: A saleswoman waits in a shop without customers to provide her consulting services.

• Taxi Drivers: While waiting for passengers, a taxi driver is in readiness for work.

• Call Center Agents: When no calls are coming in, call center employees are on standby.

• Technicians in the Energy Sector: A technician monitors surveillance software and only intervenes when a fault occurs.

• Emergency Services: Paramedics waiting for an emergency call are also in readiness for work.

Readiness for Work and Working Time: What Does the Law Say?

Readiness for work is considered working time according to the Working Hours Act (§ 7 ArbZG). The legal maximum working time is eight hours per day or 48 hours per week. In special cases, where readiness for work constitutes a significant part of the working time, the daily working time can be extended up to ten or even twelve hours – provided that a corresponding collective agreement allows this.

An example of this is the security industry or emergency services:
Employees may work up to ten hours daily if at least two hours of their working time count as readiness for work. In cases of complete readiness for work, even twelve hours a day is possible.

Difference Between Readiness for Work, On-Call Duty and Standby

There are several forms of readiness for work that differ in flexibility and presence requirements:

Compensation for Readiness for Work

Since readiness for work is considered working time, it is fundamentally subject to remuneration. However, it is permissible to pay it at a lower rate than regular full work, as the burden is less.

• Compensation is based on the applicable collective agreement or individual employment contract.

• A recent ruling by the State Labour Court of Mecklenburg-Western Pomerania (2020) confirms that employers may reduce the compensation for readiness for work.

• Nevertheless, the total compensation must not fall below the statutory minimum wage.

It is also important to note that employees who are regularly in readiness for work for more than eight hours a day are entitled to time off compensation.

Legal Aspects and Co-Determination by the Works Council

Companies must be aware that the introduction of readiness for work is subject to co-determination. According to § 87 Abs. 1 Nr. 3 of the Works Constitution Act, the Works Council has a say when it comes to regulating working hours.

This means:

• Employers cannot unilaterally order readiness for work but must reach an agreement with the Works Council.

• The regulations on readiness for work should be clearly and unambiguously documented in the employment contract to avoid misunderstandings.

Advantages and Challenges of Readiness for Work

Advantages for Companies:

• Flexibility with changing workloads

• The ability to respond to short-term bottlenecks

• Reduction of downtimes and better planning

Challenges for Employees:

• Risk of long working hours if readiness for work is frequently required

• Unclear compensation if no collective regulation exists

• Psychological stress due to constant readiness for deployment

Readiness for Work in Practice: Tips for Companies

To ensure that readiness for work is organized efficiently and fairly, companies should consider the following measures:

• Clear Definitions in Employment Contracts: The type of working hours must be clearly specified.

• Appropriate Compensation: Payment should be based on actual requirements.

• Ensuring Health Protection: Employees must not be overloaded, which is why rest periods must be observed.

• Involve the Works Council: Close cooperation with the Works Council ensures transparent and fair implementation.

Conclusion: Why is Readiness for Work an Important Topic?

Readiness for work plays a crucial role in many sectors, particularly in retail, emergency services, the security industry, and customer service. It enables companies to respond flexibly to demand, while employees remain on standby during a phase of lower workload.

To ensure that readiness for work is regulated fairly and transparently, companies should pay attention to clear contractual agreements, appropriate remuneration, and compliance with legal working time limits. Close cooperation with the Works Council is crucial to find a fair solution for both parties.