Judgment of pausal times: police officers lose part of their claims

Judgment of pausal times: police officers lose part of their claims

Melanie Müller, pastoral officer in Neustadt, is emphasized for respect for other people. In a recent interview, she describes how important it is to promote this aspect in today's society and especially in the religious community. Respect is not only a question of courtesy, but also a fundamental prerequisite for a harmonious living together. Without respect, there is no peace and no reliable relationships, emphasizes Müller.

The discussion about respect also extends to the legal area. According to Juraforum , respect in the German legal system plays a central role. Article 1 of the Basic Law guarantees the inviolable dignity of man and implies that the rights of others must be observed. In civil law, for example, regulations such as the requirement of consideration in §§ 241 II, 242 BGB must be observed in order to anchor the principle of respect.

legal framework conditions

At the political level, respect is also funded by special laws such as the General Equal Treatment Act (AGG), preventing discrimination and protecting the rights of individuals. Fairness and equal treatment are also of central importance in labor law to ensure respectful interaction between employers and employees.

The importance of respect is also reflected in the case law. For example, the Chemnitz Administrative Court recently found the crediting of break times for police officers who had to carry a weapon during their missions. For the 17 hours at the break times of a Saxon police officer, the court decided that this time cannot be counted as working hours without express order for the ready. This was supported, among other things, by the Working Hours Ordinance (AZV), which clearly defines what is considered a break and when this time is not counted towards working hours. The requirement, to be ready for use at any time, should not automatically serve as a reason to classify these times as working hours.

protection of the rights

The judgment underlines the need for how important it is to clearly communicate rights and obligations. Only if civil servants assert their claims in good time and in writing can they be adequately protected in the event of inconsistencies. The court also found that break times, for example in the case of plants, can be seen as standby times and not as breaks. Despite the decision, the effects have not yet been finally clarified because an appeal is expected at the Saxon Higher Administrative Court.