On-call case

Definition and Classification of the Standby Case

Der Standby Case is a term commonly used in German law, especially in the fields of public service law, security and disaster protection law, as well as labor law, playing a significant role. The term regularly refers to a specific situation in which a person – usually due to official or employment obligations – must act immediately to avert harm to public safety, the community, or a particular group of people. The legal requirements and consequences of the standby case vary depending on the field.

The following will comprehensively explain the various aspects of the standby case, including its legal foundations, scope of application, distinction from related terms such as on-call duty and emergency case, as well as the rights and obligations that arise from it.

Legal Foundations of the Standby Case

Labor Law Regulations

In labor law, the standby case particularly arises in connection with on-call duty and the work performed in this context. According to § 7 Working Hours Act (ArbZG), the scheduling of on-call times is expressly permitted, provided that collective or statutory regulations exist. A standby case, as such, occurs when, outside of regular working hours, a sudden need for action arises that requires the employee to act immediately.

If a standby case arises during on-call duty, the responsible person is obliged to immediately take over work-related tasks. The time actually worked is regarded as working time within the meaning of the Working Hours Act. This has direct consequences on pay, maximum working hours, and rest periods.

Civil Service Law, Police Law, and Disaster Protection

Im Civil service law – especially with police, fire department, and disaster protection – the standby case is of significant practical relevance. According to the relevant state civil service laws and the service regulations of these organizations, employees are obliged, upon occurrence of a standby case, to immediately commence duty, provided that the safety of significant legal interests – especially life, physical integrity, and property – is endangered.

The Disaster Protection Act as well as emergency plans of the federal states define certain escalation levels. The standby case here often refers to heightened readiness before the actual emergency case, in which the immediate danger must be addressed. The difference is that, in a standby case, persons do not necessarily have to be on site yet, but must be able to commence duty at short notice.

• Working Hours Act (ArbZG)
• Federal Civil Service Act (BBG)
• State Civil Service Laws
• Police Service Regulations and Fire Laws of the States
• Disaster Protection Laws of the States
• Collective Agreements in the Public Service (e.g., TVöD-B, § 9)

Distinction Between Standby Case and Related Terms

On-call Duty versus Standby Case

On-call duty refers to an organizationally defined period during which employees or officials are obliged to be ready for possible deployment. The Standby Case represents the actual event that triggers the deployment. There may be one or more standby cases during on-call duty.

Unlike the standby case, the emergency case is characterized by an imminent or already occurred danger that makes further action absolutely necessary. The state of emergency describes an even further-reaching special situation in which special legal measures may be enacted.

As soon as a standby case occurs, available personnel are obliged to act immediately. Violations of this duty may result in employment or disciplinary consequences, including disciplinary action in individual cases. This applies regardless of whether the standby case occurs during regular working hours or outside them.

Entitlement to Remuneration and Working Time Recording

Activities in a standby case are generally considered working time under labor and civil service regulations. This leads to an entitlement to remuneration, although the specifics vary according to collective agreements or civil service law. Precise recording of working hours also plays a crucial role in subsequent accounting.

Practical Examples and Areas of Application

Police, Fire Department, Emergency Services

In everyday service, standby cases regularly arise, especially for police, fire department, and emergency services. In addition to accidents, fires, and natural disasters, major events or security-relevant incidents can also trigger a standby case.

Hospitals and Critical Infrastructures

Standby cases are also commonplace in hospitals and other critical infrastructure facilities. Medical staff must be ready for deployment at short notice, for example, in case of mass casualties.

Consequences and Implications of the Standby Case

Disciplinary Measures and Liability

Anyone who fails to fulfill their duty to deploy in a standby case risks measures under applicable disciplinary regulations. In special cases, (joint) liability may also arise, for example, if significant damages occur due to lack of action or delay.

Labor Law Protective Provisions

Numerous regulations serve to protect employees, such as maximum and minimum rest times. If standby cases occur repeatedly, the burden on the affected individuals must be carefully considered and mitigated as much as possible by organizational measures.

References and Further Reading

• Working Hours Act (ArbZG)
• Federal Civil Service Act (BBG)
• State Civil Service Laws, Police Laws, and Fire Service Laws of the States
• Commentary on § 9 TVöD-B (Collective Agreement for the Public Service)
• Disaster Protection Laws of the States

Conclusion

The term ‘Bereitschaftsfall’ is a key legal concept in various areas of German law and has far-reaching practical effects, particularly in the public service, labor law, and the protection of critical infrastructures. The respective rights and obligations of those affected are derived from statutory, collective, and internal regulations, with the standby case always necessitating quick and appropriate action. Exact knowledge and compliance with the relevant regulations are of great importance for employers, employees, and institutions alike.

Frequently Asked Questions

What legal requirements must be met for the ordering of a standby case?

The legal requirements for the ordering of a standby case are primarily governed by special statutory provisions, such as Section 35(1) sentence 1 of the Civil Servant Status Act (BeamtStG) or the relevant provisions in the Federal Civil Service Act (BBG), state civil service law, or collective agreement law (TVöD/TV-L). As a rule, a standby case may only be ordered if there is an official or operational necessity that requires constant availability and the readiness of employees or civil servants for short-term deployment. The principles of proportionality and necessity must always be observed: a standby case may only be ordered when and to the extent that it is essential to maintain operations. In addition, the works council’s participation rights must be respected (Section 75(3)(1) BPersVG). Especially in public service, the ordering of a standby case often requires a written or electronic service instruction detailing the specific modalities. Employers are also obliged to inform employees in a timely and comprehensive manner about the order, start and end, as well as the respective duties in the standby case.

Is the standby case subject to maximum time limits, and how are violations sanctioned?

Labor time legislation (in particular, the Working Hours Act – ArbZG for employees; working hours regulations for civil servants) does not provide for absolutely fixed, nationwide maximum time limits for the standby case, but it clearly distinguishes between working time and standby time. Standby time is usually counted as working time and must be taken into account when calculating the daily and weekly maximum working hours. The fundamental limits are: the daily working time must generally not exceed 8 hours, but may be extended to 10 hours provided that on average over six calendar months or 24 weeks, 8 hours are not exceeded per working day. Breaches of these maximum limits constitute an administrative offense under Section 22 ArbZG and can be punished with fines of up to 15,000 euros. In particularly severe cases, such as willful conduct and endangerment of life or health of employees, criminal consequences may also arise.

What participation rights does the staff council have when introducing or amending a standby case?

The introduction or amendment of a standby case is subject to the staff council’s codetermination rights pursuant to Section 75(3)(1) BPersVG (for federal authorities) or the corresponding state provisions. The staff council must be involved in a timely and comprehensive manner prior to any ordering or amendment. It has genuine codetermination rights, meaning that, formally and legally, a standby case cannot be effectively introduced or amended without reaching an agreement with the staff council. This codetermination right extends both to the fundamental introduction as well as the definition of framework conditions such as frequency, duration, remuneration, and specific design of on-call duties. If no agreement is reached, a conciliation committee must be convened, whose decision is binding on both parties.

What special features apply to the remuneration of standby times in the legal context?

The legal handling of the remuneration for standby times differs according to the employment relationship. In the TVöD/TV-L, it is established that standby times are generally counted as working time at a percentage-reduced rate and remunerated accordingly (§ 9 TVöD, § 8 TV-L). The amount depends on the intensity of work during the standby periods. In civil service law, there are often flat-rate rules or lump-sum compensation, regulated by aid provisions, special payments, or the working hours regulation (AZV). For employment relationships that are not in the public sector, it is advisable to specifically regulate remuneration in the employment contract or a works agreement, as otherwise, courts will generally assume an obligation for full remuneration. The Federal Labor Court has consistently confirmed that standby times are deemed working time and must generally be remunerated unless collective or individual contractual arrangements expressly provide otherwise.

How are liability and insurance coverage regulated during a standby case?

During an ordered standby case, employees or civil servants are covered by statutory accident insurance (SGB VII), provided they remain within the official instructions and are acting in the context of on-call duty. Accidents occurring during an active phase of on-call duty as well as during the passive waiting period at the assigned location are recognized as work accidents, as long as they are associated with the service. However, in cases of intentional or grossly negligent misconduct, coverage is forfeited. The general service and employment law principles apply in liability cases: for slight negligence, liability is limited; in cases of gross negligence or intent, the respective employee or civil servant is fully liable. Employers are obliged to inform employees about existing insurance policies and their scope.

Must special rest periods following a standby case be legally observed?

Yes, there is a mandatory obligation to grant an uninterrupted rest period of at least 11 hours after the end of a standby case, according to the Working Hours Act (§ 5 ArbZG: rest period). This provision also applies if the standby case transitions seamlessly into regular working hours. Exceptions exist for certain sectors (e.g., hospitals, care facilities), provided that equivalent compensation is granted. Collective or individual contractual arrangements may deviate within statutory requirements, provided that this does not disadvantage the employees. Violations of rest period regulations are treated as administrative offenses and may also lead to employment law sanctions.

Is there a right to refuse a standby case, and can this be enforced legally?

A general right of refusal does not exist under current legal provisions, as on-call duty and standby cases – as long as they are codetermined and ordered within the legal framework – are part of the employment or official obligations. Only in the presence of exceptional, proven reasons (e.g., health restrictions, evidence of unreasonableness, inadequate childcare) may an entitlement to exemption be affirmed in individual cases. In such cases, the employee or civil servant must provide evidence of the reasons to the employer or superior. Employers must review these and, as part of an individual assessment, decide whether to grant the application. In the event of arbitrary refusal, the employee may seek legal recourse. However, there is no collective right to refuse.