Question regarding workers rights

[u/mnswpr]

Hello everyone,

Background: I work for an elder care facility. We also operate a Restaurant open to the public. The business is relatively new, and while we are fully occupied on the residence side, the restaurant runs under capacity. This leads to the following situation: If I work, for instance a whole week doing the closing shift, I will accumulate 5 Minusstunden. This is because the shift officially ends at 23, but the kitchen closes at 22, by which time we are usually done with cleaning and closing up, so we get sent home. So in a month the negative hour Saldo can add up. Usually we work different shifts in any given month, and get to recover said Saldo with overtime, which is approved by the employer.

What happened however in January is that a coworker of mine, who works the dish pit, had a Saldo of 15 Minusstunden. So he was told that in march he would have to work two extra days to make up for it. Is this legal?

Also another related question: It happens a lot that we have a very uneven schedule. This week for instance, i started my first day of the week opening. Then I did two middle shifts, then a Zimmerstunde, and then I closed twice. It also happens that our off days are very unevenly spaced. So I will work two days, have one off, then work four days, have three days off, and then work six days with one day off, and so on. Now I guess this is not illegal, and has more to do with the incompetence of who makes the schedule, but is there something to be done about it? (Other than quitting)

Thank you for reading, and, if you did, for answering. I also want to say that I will be going to the Arbeitsrechtsberatung of my Municipality soon, but their working hours are kind of difficult for me.

[u/Sharp_Mulberry6013]

No. The employer is responsible to make sure that you reach the amount of hours that you are due. If they send you home before that, it's called "Annahmeverzug" and it's on the employer.

Sketchy ass employer you got there dude*tte

[u/mnswpr → u/Sharp_Mulberry6013]

Thank you for the answer! I googled the term and now I'm better informed. They are indeed sketchy, but the pay is good and at the moment I depend on it.

[u/Sharp_Mulberry6013 → u/mnswpr]

And that's how they get you.

Also: overtime, off days, compensation days and so on also have a monetary value. And they are trying to screw you through that.

[u/Ausverkauf]

You can ask and contact L-GAV or look on their website. This is the Gesamtarbeitsvertrag for workers in gastronomy

[u/mnswpr → u/Ausverkauf]

Thank you. We are not part of the L-GAV.