No unilateral specification by the employer
Under Section 10(8) of the TV-Ärzte/VKA collective agreement, doctors on on-call duty must, at the employer’s instruction, remain on standby to commence work on call. Unlike with on-call duty, however, leisure activities should in principle remain possible.
The hospital had ordered that doctors must be ‘available to the patient’ within 30 minutes. This had to take into account not only the journey time but also internal preparatory tasks, such as:
- Changing clothes
- Collecting surgical scrubs
- Moving around within the hospital
- Hygiene measures
In the opinion of the Lower Saxony Regional Labour Court (LAG), such an instruction by the Lower Saxony Medical Association ( ) exceeds the limits of the employer’s managerial authority. Section 10(8) of the TV-Ärzte/VKA collective agreement contains no catch-all clause that would allow the employer to set rigid time limits for commencing work.
‘Availability to patients’ not a suitable criterion
The court also emphasises that “availability to patients” is not linked solely to arrival at the hospital. Rather, it presupposes further organisational steps that lie entirely within the employer’s sphere of control.
Hospitals and other employers with on-call systems should review their existing service instructions. The appeal is pending before the Federal Labour Court (BAG) under ref. no. 5 AZR 45/26.
Conclusion
The ruling reinforces the distinction between on-call duty and standby duty. Employers cannot unilaterally tighten the requirements set out in collective agreements.
Key points in brief
- No rigid 30-minute requirement for on-call duty
- Section 10(8) of the TV-Ärzte/VKA collective agreement does not permit unilateral specification by the employer
- Internal procedures must not disproportionately restrict leisure time
