Arbeitszeit: Flexibilität durch ein Arbeitszeitkonto
Das richtige Konto für die Arbeitszeit
I. Einführung zum Arbeitszeitkonto
Die Arbeitszeiten werden immer flexibler. Das betrifft vor allem die Lage der Arbeitszeit. Viele Beschäftigte der flexibleren Lage der Arbeitszeit durchaus positiv gegenüber. Dies gilt jedenfalls dann, wenn in einem fairen Arbeitsverhältnis, in dem auch die Wünsche und Bedürfnisse der Beschäftigten berücksichtigt werden. Es gilt das Motto:
Flexibilität darf keine Einbahnstraße sein
Bei der Planung der Arbeitszeiten ist aber auch immer zu sehen, dass es arbeitswissenschaftliche Erkenntnisse „gute Arbeit“ auch im Hinblick auf die Lage und Dauer der Arbeit gibt. Zudem ist die Arbeitszeit ein Untersuchungsgegenstand bei der Ermittlung der erforderlichen Maßnahmen des Arbeitsschutzes nach § 5 ArbSchG (sogenannte „Gefährdungsberuteilung“ oder auch „Gefährdungsanalyse“). Wissenschaftliche und betriebliche Erkenntnisse sind neben den gesetzlichen Arbeitsvorgaben zwingend umzusetzen. Es geht bei der Arbeitszeit in vielen Fällen auch um Geschundheitsschutz. Der Betriebsrat hat im Rahmen dieser Vorgaben mitzubestimmen. Eine Regelung zur entgrenzten Arbeitszeit durch ständige Erreichbarkeit also aus vielfältigen Gründen unzulässig.
Es lässt sich aber von Arbeitgeberseite eine Tendenz erkennen, den Umfang der Arbeit flexibler zu gestalten. Diesem Ansinnen stehen die meisten Beschäftgite kritisch gegenüber. Es fehlt bei solchen Modellen die Planungssicherheit, da für den Beschäftigten sein persönlich Arbeitsvolumen und damit die Höhe seines Verdienstes ungewiss ist. Demgegenüber wälzt der Arbeitgeber mit solchen Modellen das unternehmerische Risiko auf die Beschäftigten ab. Zudem lässt sich mit solchen Modellen der Kündigungsschutz unterlaufen, indem der Beschäftigte schlicht nicht mehr oder nur noch im Umfang eines garantierten Mindestumfangs eingesetzt wird. Die Diskussion um im Ausland vielfach gängige Nullstundenverträge läuft auch in Deutschland.
Die Festlegung des Ausgleichszeitraums für die Einhaltung der Wochenarbeitszeit sowie der Umfang der Schwankungsbreite eines Arbeitszeitkontos sind nach § 87 Abs. 1 Nr. 2 BetrVG mitbestimmungspflichtig. Dies hat das Bundesarbeitsgericht, Beschluss vom 26.09.2017 – 1 ABR 57/15 -, Rn. 18 ff., noch einmal bestätigt.
II. Ziele
Die konkrete Ausgestaltung des Arbeitszeitkontos ist von den mit dem Konto verfolgten Zwecken abhängig. Hierbei lassen sich grundsätzlich folgende Ziele erkennen:
- Praktische Umsetzung einer Arbeitszeitverkürzung
- Individuelle Gestaltung der Arbeitszeit
- Ausgleich von Auftrags- und Produktionsschwankungen
- Längere Freizeitblöcke für Beschäftigte
III. Modelle von Arbeitszeitkonten (kurze Übersicht)
1. AZV-Konto
Das Arbeitszeitkonto, das alleine der Umsetzung der Arbeitszeitverkürzung dient (AZV-Konto), ist vor allem Betrieben mit Wechselschicht anzutreffen, in denen ein Tarifvertrag gilt. Das AZV-Konto sieht dabei regelmäßig einen kurzfristigen Ausgleich des Kontos in Freizeit vor.
2. Gleitzeitkonto
Das Gleichzeitkoto ermöglicht dem Beschäftigten innerhalb einer festgelegten Spanne seine Arbeitszeit frei zu wählen. In der Regel wird die Freiheit des Beschäftigten durch Kernzeiten, in denen er anwesend sein muss, eingeschränkt.
3. Flexible Arbeitszeitkonten
Ein flexibles Arbeitszeitkonto ermöglicht das Arbeitsvolumen derBeschäftigten dem Arbeitsbedarf auf eine längere zeitliche Periode, z. B. 6 Monte oder ein Jahr, anzupassen. Dabei wird regelmäßig der Umfang des zugrundeliegenden Arbeitsvolumens im Arbeitsvertag oder Tarifvertrag etwa in Form einer Jahresarbeitszeit z.B. von 1.044 Stunden festgelegt. Die auf dieser Grundlage Beschäftigten werden innerbetrieblich häufig „JAZler“ genannt.
4. Langzeitkonten
Die häufigsten Formen sind das Lebensarbeitszeitkonto, mit deren Hilfe die Arbeitnehmer bereits vor Erreichen der Altersgrenze aufhören können sollen und die Sabbatjahr, in denen geleitete Arbeit angespart wird, um dem Beschäftigten eine längere Phase bezahlter Freizeit zu ermöglichen.
IV. Zeiterfassung
Grundlage der Steuerung von Arbeitszeitkonten ist die genaue und verbindliche Erfassung der tatsächlich geleisteten Arbeit der Beschäftigten. Bei jeder Regelung über die flexiblen Arbeitszeiten stellt sich also die Frage nach der Erfassung der Arbeitszeit. Zeitgemäß und effektiv ist allein die elektronische Arbeitszeiterfassung. Einführung und Anwendung gehören im Sinne eines gestalteten und gelbten Datenschutz mit gedacht.
V. Fazit
Vor Aufnahme von Verhandlungen sollte der Betriebsrat sich darüber klar werden, welche Ziele er mit er Flexibilisierung der Arbeitszeit durch ein Arbeitszeitkonto realisieren will. Dazu ist der Besuch einer entsprechenden Schulung erforderlich. In dem Betriebsratsseminar sollten auch die Aspekte des Gesundheitsschutzes und des DAtenschutzes im Hinblick auf die Zeiterfassung behandelt werden. Erst nach Kenntnis seiner Ziele, der zur Verfügugn stehenden Modell und der rechtlichen Rahmenbedigungen wird ein Betriebsrat auch der Belegschaft die Situation erläutern können, und sich ein Bild von deren Meinung machen zu.
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