FEDERAL REPUBLIC OF GERMANY

FEDERAL REPUBLIC OF GERMANY Federal Labour Court 1 ABR 27/81 Works' Council's Claim for Injunction HEADNOTES Facts The defendant runs a scientific publishing firm. In the data processing department five employees work on two computers in two shifts. At least two employees work on each shift; the afternoon shift ends at 10 pm. The employees on the afternoon shift frequently (23 times within 2 months) worked later than 10 p.m., due to the frequent breakdown of the older computer and to the extra work resulting from the transfer of programmes onto the new computer. The necessity to work later than 10 pm. arises because the working time needed by the programmes is hard to evaluate and because the interruption of a programme which is running results in the loss of data already stored. When the computer breaks down, an immediate completion of the procedures still unfinished is necessary in the interests of a smooth running of the business. One employee could cope with this extra work - leaving aside regulations established by the employers' association. On 28th April and 5th May 1980, the defendant applied for special permission from the works' council for two extra shifts in the Data processing department. The http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

FEDERAL REPUBLIC OF GERMANY


Federal Labour Court 1 ABR 27/81 Works' Council's Claim for Injunction HEADNOTES Facts The defendant runs a scientific publishing firm. In the data processing department five employees work on two computers in two shifts. At least two employees work on each shift; the afternoon shift ends at 10 pm. The employees on the afternoon shift frequently (23 times within 2 months) worked later than 10 p.m., due to the frequent breakdown of the older computer and to the extra work resulting from the transfer of programmes onto the new computer. The necessity to work later than 10 pm. arises because the working time needed by the programmes is hard to evaluate and because the interruption of a programme which is running results in the loss of data already stored. When the computer breaks down, an immediate completion of the procedures still unfinished is necessary in the interests of a smooth running of the business. One employee could cope with this extra work - leaving aside regulations established by the employers' association. On 28th April and 5th May 1980, the defendant applied for special permission from the works' council for two extra shifts in the Data processing department. The works' council did not grant this permission. In spite of this the extra shifts were worked. On 8th May 1980 three employees from the data processing department signed a declaration - at whose instigation is controversial - in which they declared themselves prepared to work any necessary extra shifts for the reasons indicated above and in which the defendant was called upon to find an arrangement which "guarantees that extra shifts agreed to on a voluntary basis can be worked and not forbidden by a third party". The works' council is of the opinion that it has a right of co-determination with regard to the aforesaid extra work in the data processing department. It therefore applied to the labour court for an order: 1. Enjoirring the defendant to...
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Publisher
Brill
Copyright
Copyright 1977 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160283X00681
Publisher site
See Article on Publisher Site

Abstract

Federal Labour Court 1 ABR 27/81 Works' Council's Claim for Injunction HEADNOTES Facts The defendant runs a scientific publishing firm. In the data processing department five employees work on two computers in two shifts. At least two employees work on each shift; the afternoon shift ends at 10 pm. The employees on the afternoon shift frequently (23 times within 2 months) worked later than 10 p.m., due to the frequent breakdown of the older computer and to the extra work resulting from the transfer of programmes onto the new computer. The necessity to work later than 10 pm. arises because the working time needed by the programmes is hard to evaluate and because the interruption of a programme which is running results in the loss of data already stored. When the computer breaks down, an immediate completion of the procedures still unfinished is necessary in the interests of a smooth running of the business. One employee could cope with this extra work - leaving aside regulations established by the employers' association. On 28th April and 5th May 1980, the defendant applied for special permission from the works' council for two extra shifts in the Data processing department. The

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1977

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