1. Working Time Goals for Collective Agreements
3rd International Conference of Doctors' Unions September 28th/29th, Lisbon
Dr. Andreas Botzlar – Vice-Chairman Marburger Bund, Germany 1

2. Dr. Andreas Botzlar | Marburger Bund
Regular Working Time
Regular working time: Monday to Friday between 7:00 a.m. and 5:00 p.m.
Regular working time per week: 38,5 hours
Maximum working time per day: hours hours [in 12-hours shifts]
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 2

3. Dr. Andreas Botzlar | Marburger Bund
Regular Working Time
Maximum working per week: 50 hours
Maximum working time per calendar month: hours respectively hours [in 12-hours-shifts]
Reference period for calculating the average: Quarter of the year
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 3

4. Dr. Andreas Botzlar | Marburger Bund
Weekends and Overtime
Weekends
At least two times a month the time from Friday 6:00 p.m. to Monday 6:00 a.m. must be free (no work whatsoever).
Overtime
Overtime occurs – without any exception – when the employer demands from the employee to work above the respective planned daily working time. Every hour of overtime generates immediately a higher hourly pay compared to regular working hours.
The current concept of some employers that part-time staff who work above their respective planned daily working time will not receive a higher hourly pay for those hours which are between their individually agreed working time (e.g. 30 hours) and the regular weekly working time of full-time staff (e.g. 40 hours) has to be abolished.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 4

5. Dr. Andreas Botzlar | Marburger Bund
Long shifts
maximum of four in one week – maximum of eight in two weeks
if after a 12-hours-shift and the subsequent rest period no further 12-hours-shift follow, the following rules should apply…
… after four 12-hours-shifts:  3 days free, following  4 days maximum 8 hours/day & no on-call on site
… after three 12-hours-shifts:  2 days free, following  3 days maximum 8 hours/day & no on-call on site
… after two 12-hours-shifts:  1 day free, following  2 days maximum 8 hours/day & no on-call on site … etc.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 5

6. Dr. Andreas Botzlar | Marburger Bund
On call – on site
work load < 49 % requirement to perform work for all physicians in a team on average for all on-call on site duties within a quarter of a year.
no regular work following on-call on site
no on-call off site after on-call on site
… in one single week: maximum two
… in one single month: maximum six
… in one quarter of a year: maximum twelve [average: four per month]
no opt out
Who wants to use this regulation with 24-hours-duties needs to grant additional free days.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 6

7. Dr. Andreas Botzlar | Marburger Bund
On call – off site
no requirement to work (incl. phone calls) in at least 50% of all on- call off site duties
requirement to work ≤ 10% in the remaining on-call off site duties
one on-call off site duty lasts 24 hours at the utmost  Friday evening to Monday morning = 3 on-call off site duties
if work needs to be performed between 11:00 p.m. and 6:00 a.m.: prolongation of rest period after on-call off site of seven hours
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 7

8. Dr. Andreas Botzlar | Marburger Bund
On call – off site Limits
… maximum 12 on-call off site duties per month
… and after that?  24 on-call of site duties in one row if the 13th on-call off site duty falls in a new calendar month?
Suggestion: The number of days when a physician has to be on-call off site (maximum 12) has to follow at least half of the number of these days (6 or more) without on-call off site.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 8

9. Dr. Andreas Botzlar | Marburger Bund
Roster
For the roster of a planning period:
the roster will be drawn up by a physician
until seven weeks before the planning period physicians can hand in their requests
until seven weeks before the planning period the concrete staffing needs to be announced
until six weeks before the planning period the roaster has to be submitted for approval
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 9

10. Dr. Andreas Botzlar | Marburger Bund
Roster
if there is no roaster six weeks beforehand  employer has to draw up a roaster
if there is no roaster five weeks beforehand  all payments including all supplements: + 20 %
belated scheduling to work < 96 hours before starting of work  all payments including all supplements : + 30 %
belated scheduling to work < 24 hours before starting of work  all payments including all supplements: + 50 %
Changing duties if mutually agreed  always possible no extra remuneration is trigged
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 10

11. Dr. Andreas Botzlar | Marburger Bund
Holiday
Holiday: 30 days per year
Additional holiday:
1 day for 80 hours of work (no matter which form of work) between 8:00 p.m. and 6:00 a.m.
continuously, transferable to the whole following year
adding up all sorts of holiday claims
Application for holidays deem to have been approved if the application was not rejected within two weeks after submission.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 11

12. Dr. Andreas Botzlar | Marburger Bund
Time off in lieu
During the statutory rest period no time off in lieu can be granted.
In case of sickness the same principles of law as for holidays are applicable (no expiry).
Application for time off in lieu deemed to have been approved if the application was not rejected within two weeks after submission.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 12

13. Dr. Andreas Botzlar | Marburger Bund
Supplement payments
– depending on day & time/additive
from 5:00 p.m. to 7:00 a.m increase of the individual hourly pay 5 %
from 8:00 p.m. to midnight) and
from 4:00 a.m. to 6:00 a.m. 25 %
from 12:00 a.m. to 4:00 a.m %
Saturday [all 24 hours] 25 %
Sunday [all 24 hours] 25 %
Bank holidays, Easter & Pentecost Sunday [all 24 hours] % / 135 %
24./31. December [all 24 hours] 35 %
overtime [all 24 hours] 15 %
each on top of the (increased) individual hourly pay
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 13

14. Dr. Andreas Botzlar | Marburger Bund
Terms of trade
for supplement payments
Overtime & overtime supplement payments have to be paid without exceptions when they are due (normally in the 2. following month).
Overtime can be compensated – exclusively on application of the employee – before the due date (respective date of application) with time off in lieu.
Time off in lieu can also be granted after the due date for payment.
If approved time off in lieu cannot take place – for whatever reason – a renewed claim for instant payment is triggered.
Marburger Bund State Associations can conclude regulations on working time accounts.
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 14

15. Dr. Andreas Botzlar | Marburger Bund
Time Recording
processed automatically
by systems licensed by the Marburger Bund
Working Time = „Leave“ – „Come“
 no „cap limit“
 including all times spend walking in the hospital and all set-up times
 time recording „at the entrance door of the hospital“
28th/29th September 2018
Dr. Andreas Botzlar | Marburger Bund 15

16. Dr. Andreas Botzlar Vice-Chairman
Marburger Bund - Bundesverband Reinhardtstraße Berlin Tel.: Fax:
Internet: