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Judges decide: PVG rosters may only be changed with consent!
Works council of PVG Weimarer Land wins lawsuit against unilateral roster changes, court rules in favor of co-determination.
Judges decide: PVG rosters may only be changed with consent!
A pleasing verdict for the employees of the Weimarer Land passenger transport company (PVG) brings hope to the often tense working conditions. As the MDR reports, the works council has won a legal dispute against the management. The Erfurt Labor Court decided that duty rosters may only be changed in consultation and with the consent of all those involved.
This decision is no easy feat! If the management violates the ruling, they may even face a fine. Exceptions only apply in emergencies, which means that employees' rights in scheduling have now been strengthened.
A year-long conflict
The conflict between the works council and management has been going on since 2023. It was denounced in court that approved rosters were repeatedly changed without consultation, which was not only stressful for the drivers but also often led to overtime. The court saw this as a clear violation of the works council's co-determination rights.
According to Section 87 Paragraph 1 of the Works Constitution Act, works councils have a mandatory right of co-determination in the design of duty and shift schedules. This also includes determining working hours, which ensures that employees are more deeply involved in the planning of their work processes. The works council office explains that this co-determination also applies to part-time employees and that the works council must be informed even in the event of spontaneous changes due to illness or vacation. Otherwise the change is unlawful.
What does this mean for the future?
The Erfurt court's ruling is a clear blow to PVG's previous practice, which made changes without the consent of the works council. One thing is clear: the verdict is final and cannot be appealed, which paves the way for better communication between the works council and management.
But it remains to be seen how management will react to this ruling. A de facto agreement between both sides could help to improve working conditions for drivers in the long term. Employees can now hope that their right to have a say will actually be taken seriously and that their voices will be heard.
At a time when many companies view their employees as their most valuable asset, this process seems to be another step in the right direction. Everyone involved is now required to pull together – not only for a good working atmosphere, but also for satisfaction and efficiency in the workplace.