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That simply means for many: one extra hour of sleep!
However, others have to work on the night of Sunday, such as those involved in caring for and supporting people, working in restaurants or hotels, in passenger transport, energy supply, or even in agriculture and the food industry.
Therefore, from a labor law perspective, the end of daylight saving time isn't so simple for all companies.
Do employees have to have to work an extra hour at the end of summer time?
Whether employees on the night shift must work an extra hour due to the time change can be regulated by a collective agreement, works agreement, or employment contract. If such regulations are lacking, an interest assessment must be made. In shift systems, employers generally have a legitimate interest in avoiding gaps between shifts (Federal Labor Court, judgment of 11.09.1985, file number 7 AZR 276/83).
What rights do employees have if their working time is extended by an hour?
The following regulations apply:
- If employees receive a gross monthly salary and the employment contract includes a provision for overtime, the extra hour worked is covered by this agreement.
- The situation is different if payment is based on the actual hours worked:
If an hour is worked longer on the night of Sunday, October 27, 2024, overtime is incurred. This time must be compensated, including any statutory, collectively agreed, or otherwise legally based surcharges.
As a legal basis, one can refer to § 612 of the German Civil Code (BGB), which states: "Remuneration is deemed to have been tacitly agreed upon if the service is only to be expected under the circumstances in exchange for remuneration."
Additionally, there is also the option (to be agreed upon with the employees) to compensate for the extra hour worked by reducing working hours on other days (e.g., by reducing the work time by half an hour on two other working days). In this case, the co-determination right of the works council according to § 87 para. 1 no. 3 of the Works Constitution Act (BetrVG) must be considered, if applicable.
Another legal requirement to keep in mind is compliance with rest periods, as regulated in § 5 of the Working Time Act (ArbZG).
By the way: Wasn't daylight saving time supposed to end?
This was actually planned for 2021, but:
There is still no agreement in the EU on whether and how the switch between winter and summer time should end.
The biggest issue is that EU countries can choose whether they want to keep summer time or winter time (=original standard time) permanently. However, for the change to take effect, the majority of EU states must agree to abolish daylight saving time. This hasn’t happened yet because each country has different preferences. As a result, there is concern that a patchwork of different time zones could emerge across Europe. Some also argue that the effects of such a change have not been sufficiently researched and analyzed.
Additionally, it seems that politicians have simply “slept through” this issue, and it has more or less fallen by the wayside.
So, we can expect that there will still be a switch to European daylight saving time in the coming years.
Tip
Finally, here's a simple “trick” for anyone who still can't remember whether to set the clock forward or back:
When summer begins, you bring your garden furniture out in front of the house – and you also move the clock forward. In autumn, when summer ends, you bring the furniture back into the house – and you move the clock back as well!
