On-call work: your rights when hours fluctuate
Sometimes many hours, sometimes none at all, and the pay fluctuates accordingly? With on-call work you are not without protection. The law secures you a plannable minimum number of hours and timely notice of shifts.
Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:
Clarify hours / pay →Your chances of getting your money back
What you should do now
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1. Check the contract
Is a minimum number of hours agreed? If not, the 20 weekly hours apply.
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2. Note the advance notice
You only have to work if the shift was announced at least 4 days in advance.
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3. Recalculate the pay
Were you paid below the agreed or statutory minimum time? Then you can demand the difference.
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4. Assert it in writing
Demand payment of the minimum hours with reference to § 12 TzBfG (mind forfeiture periods).
Frequently asked questions
How many hours am I entitled to with on-call work?
If no weekly working time is set in the contract, 20 hours a week count as agreed (§ 12 TzBfG). You must be paid for these even if the employer actually uses you less. If a minimum number of hours is agreed, that applies as the lower limit.
How short-notice can I be scheduled?
The employer must give you notice of your working time at least four days in advance (§ 12 TzBfG). If this does not happen, you are not obliged to take the shift. Even during illness and vacation you are entitled to pay based on your average working time.
Take action now
We put together the ready-made texts and the right places to contact for you.
General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.