On-call duty and standby duty – two similar-sounding terms. In fact, however, there are significant differences - with financial consequences for the employer in particular. Both the ECJ and the German Federal Labour Court have recently established new rules of the game here.
They are the profiteers of the COVID-19 pandemic and it is now impossible to imagine German cities without them: bicycle couriers of the food delivery services Lieferando & Co. Flexible and self-determined working hours, good pay and a job in the fresh air - these are the promises with which Lieferando, for example, is wooing new couriers. In addition to a bicycle, all they need is a smartphone on which they can install an app. But what about the legal status of bike couriers under labor law?
The first unofficial governmental draft of the German "Act for Better Protection of Whistleblowers and for the Implementation of the Directive on the Protection of Persons Reporting Breaches of Union Law", transposing the EU Whistleblowing Directive (so-called “Hinweisgeberschutzgesetz” - HinSchG for short) was recently circulated. It obliges companies to establish an internal whistleblower system. There is no time to lose here: Companies should become active at an early stage.
The much-discussed and politically highly controversial Supply Chain Act is now to come into force during the current legislative period. In the future, companies will have to pay particular attention to decent working conditions in their supply chains, otherwise they could face drastic fines. Even stricter European rules on supply chain compliance could soon follow.