retail trade Constant dispute about the closing time

Status: 21.06.2021 5:43 p.m.

25 years ago, the Bundestag approved longer shop opening times. But to what extent do more flexible rules benefit retail – and what price do employees pay? The debate continues.

From Jens Eberl, WDR

When Berliners want to go shopping in Bavaria, they might find themselves in front of closed doors every now and then. Berliners are used to having shops open around the clock. And Bavaria, on the other hand, has the shortest opening times in Germany. Since 2006, responsibility for regulating shop closing times lies with the federal states. The federal store closing law only applies in the federal states that have not passed their own store opening law; and that is the case in Bavaria. According to the Federal Store Opening Act, sales are allowed Monday to Saturday from 6 a.m. to 8 p.m. Bakeries are allowed to open from 5.30 a.m. In Rhineland-Palatinate and Saxony, the shops are allowed to open from 6 a.m. to 10 p.m., in the other federal states, 0 a.m. to midnight.

“The job can hardly be planned any more”

Have the more flexible opening times proven effective? The balance sheets are very different. Stefan Genth, chief executive of the retail trade association (HDE), says that liberalization was an important and right step. “Especially in the food retail sector, customers like to use the longer opening times to shop later in the evening after the working day and to take a look around.” The service union ver.di, on the other hand, speaks of a massive deterioration in working conditions. “Due to the long opening times, the employees are required to be much more flexible, the job can hardly be planned,” says Federal Board Member Stefanie Benefitberger. Compared to the past, there are many more part-time workers; the longer opening times have not led to the creation of full-time jobs. “There are simply fewer staff available for advice in the store, so that the opening times can be covered,” says Benefitberger. “Two thirds of those employed in retail are women. The expansion of part-time work and employment that is not subject to social security contributions are at their expense and mean that they are dependent on basic security in old age.”

Jobs for millions of people

The industry association contradicts: Liberalization has increased the need for labor in the retail sector. “Particularly in the food trade, additional jobs were created in order to be able to cover the evening and night hours,” said HDE General Manager Genth. Overall, the retail trade in Germany today offers more than three million people a job.

The union also sees a connection between the dying inner cities and the long opening times. There was a big cutthroat competition, so ver.di board member Benefitberger. “Four corporations make around 80 percent of sales in foodstuffs, three corporations make almost 90 percent of sales in drugstore articles.” Not every company was able to go along, especially smaller shops should have closed that way.

Sunday opening as an economic aid?

In the current discussion about shop opening times, the main focus is currently on Sunday. The trade association, the association of towns and municipalities and Marcel Fratzscher, head of the German Institute for Economic Research (DIW), have signed up for a general Sunday opening until Christmas – as an economic aid for the industry, which has been hard hit by Corona.

“In many other areas of the economy, opening on Sundays is a matter of course. In restaurants and pubs it is part of everyday life that the doors are also wide open on Sundays. The same is true of theaters, cinemas or museums worked on Sundays, “said industry representative Genth. “Only in the retail sector, as a rule, everything has to be closed on Sundays. That is no longer in keeping with the times.”

Resistance in court too

But the trade union ver.di is massively resisting further liberalization, which is why it repeatedly goes to court. The advance of the HDE is a “general attack” on the trade workers, their families, and the Basic Law. “The HDE thinks too short-sightedly when it hopes to liven up the city centers and shops with shopping Sundays,” said union Benefitberger. “Because just because it is open longer, people cannot spend more money. Sunday sales only move sales from working days to Sunday.”

At the moment, shops generally have to close on Sundays and public holidays. There are exceptions, for example, for bakeries, flower shops, newsagents, petrol stations and shops in train stations and airports

Deliveries to companies Farms are waiting for more vaccine

Status: 14.06.2021 12:44 p.m.

Company doctors have been able to vaccinate their employees for a week. But the amount of vaccine allocated is nowhere near sufficient. In the second week, fewer vaccine doses are delivered than in the first. From Jens Eberl, WDR BMW has big plans. The automobile manufacturer has set up a total of 29 vaccination lines at its locations in Germany. In Munich alone there are six vaccination lines at two locations. The company said it could do up to 2,500 vaccinations a day. This means that the entire workforce in Germany can be vaccinated within a few weeks. The problem: there isn’t enough vaccine. A little more than 5000 employees were vaccinated in the first week. The situation is similar with the consumer goods manufacturer Henkel. A vaccination center was set up in a company building in the immediate vicinity of the factory premises in Düsseldorf. Up to 1500 employees per week can be vaccinated. In the first week, however, there were only 640.

Fewer vaccine doses in the second week

“Many companies have prepared themselves really well,” says Wolfgang Panter, President of the Association of German Company and Company Doctors (VDBW). “6300 company doctors are available nationwide and have ordered vaccines.” But it is only arriving slowly. The distribution is based on the number of company doctors in the company. Last week there were 102 doses per doctor. This week it should be 84. “Originally, 804 cans per head were planned, but it was clear that this would never be the case,” said Panter. The company doctors are now relying heavily on July. Here one reckons that the vaccination turbo will be switched on. Be prepared.

FAQ 06/08/2021

High demand from the staff

At Thyssenkrupp, vaccinations are carried out every five minutes at the Essen site, on four vaccination lines, with seven doctors from 8 a.m. to 5 p.m. Should more vaccine be delivered, vaccinations can also be carried out in the evening and on weekends and a 5th vaccination line can also be used. 50,000 people work at Currenta, which manages and operates one of the largest chemical sites. They had ordered 20,000 doses here; if these had arrived, the vaccination would be finished in two to three weeks. But only 3000 came. According to the company, the vaccination lines of Deutsche Telekom have a capacity of up to 10,000 vaccinations per week. Telekom has 89,000 employees in Germany. Due to the approval of priority group 3 by the federal states, vaccinations had already been carried out in the company. The company expects up to 30,000 employees to take advantage of the opportunity to be vaccinated by company doctors. Telekom has set up 18 vaccination lines nationwide for this purpose.

06/02/2021

IT facilitates rapid processes

Many companies have also adapted their IT to vaccinate. For example, BASF has developed its own online booking system together with an IT service provider. Employees can use this to register. The navigation along the entire Impfstraße is completely digitized from check-in to check-out. The vaccination center went into operation on April 14th. Up to and including Friday, around 16,000 BASF employees had received an initial vaccination. Initially, the vaccination sequence prescribed by the state of Rhineland-Palatinate was followed and priority groups II and III were vaccinated. Since June 7, all BASF employees at the Ludwigshafen site have been able to register for a vaccination appointment. At the Vonovia real estate group, a random generator determines who receives a vaccination offer for which location based on the activity performed. First, the random number generator selects employees with direct customer contact.

Prioritization canceled in many places

In the meantime, many companies have completely removed the prioritization. The Deutsche Post says that there is no longer any personal prioritization in the sequence of vaccinations. “Through the choice of location and the allocation of appointments, we ensure that employees in the operational area have at least equal access to operational vaccination appointments,” says the company. At RWE, employees have been able to make appointments using an online tool or by telephone since last Monday. RWE does not plan to prioritize vaccinations. The President of the Association of German Company and Company Doctors has established that every company has a different approach to prioritization. From his point of view, employees who are exposed to a higher risk should still be given preference, for example field staff or fitters; People who have a lot of contacts. Of course, you can’t dictate that, says Panter.

Corona protection in companies Are employers allowed to force vaccination?

Status: 08.06.2021 7:13 p.m.

Since the beginning of the week, company doctors have also been able to vaccinate against Covid-19. But what about legally? Can companies require their staff to be vaccinated? And are they allowed to grant privileges to those who have been vaccinated? From Jens Eberl, WDR The companies have a great interest in preventing infections with the coronavirus and sick leave. This is why many employers want their employees to be vaccinated. With the start of vaccinations by the company doctors, various legal issues between employers and employees come to the fore. An overview.

Can the employer oblige his staff to vaccinate?

Employees only need to be vaccinated if there is a legal obligation to do so. There is no statutory vaccination requirement with Covid-19. “However, special features apply in facilities such as hospitals, prevention or rehabilitation facilities and medical practices,” says the Brühl-based specialist lawyer for labor law, Michael Felser. “They must ensure that all measures required by the state of the art of medical science are taken there to prevent infections and the spread of pathogens. Curiously, however, this does not apply in care facilities for the elderly, although the problem here is likely to be comparable”, so Felser. In the health care facilities mentioned, the employer cannot force employees to vaccinate either. However, he must ensure that non-vaccinated people pose no risk to patients. Patient protection can therefore make it necessary that non-vaccinated people can no longer work in certain areas.

Do employees have to inform the employer about their vaccination status?

Actually, there is no obligation to provide information about the personal vaccination status to the employer. However, the Gelsenkirchen labor lawyer Arndt Kempgens emphasizes that companies have to take corona protective measures for their employees. But they could only do that if the corona vaccination status was known. Kempgens concludes from this that in connection with Corona, under labor law – as an exception – there could be an obligation on the part of employees to notify the vaccination status and, under certain circumstances, to prove it.

Are vaccination incentives such as bonus payments from the employer permitted?

Employers could pay a “vaccination bonus”, for example through a one-off sum of money, vouchers or extra vacation days. Lawyer Felser says: “This is not entirely uncritical, because rewards can exert undue pressure not to exercise one’s rights. For example, courts have only declared rewards for employees who rarely get sick to be admissible under strict conditions.” The trade unions consider incentives for those willing to vaccinate to be permissible. However, they have a say in any case, as such a bonus is subject to co-determination. Kempgens emphasizes, however, that it must be fair: “There must not only be a bonus for those who don’t like vaccinations as an incentive to vaccinate, but if so, then for everyone.”

Can the employer exert “vaccination pressure”? Can the staff defend themselves against this?

If there is no statutory vaccination requirement, the employer cannot exert any pressure, neither with instructions nor with threats such as transfer or even warnings and dismissal. Such measures would be illegal. However, attorney Kempgens reports: “We are currently hearing more and more of such cases in legal practice. Pressure is exerted to convince those unwilling to vaccinate.” In extreme cases, employees can even defend themselves against this with an action for an injunction before the labor courts.

Are professional disadvantages possible if you don’t get vaccinated?

If there is no compulsory vaccination, the employer cannot differentiate according to whether someone is vaccinated or not or whether they have not wanted to be vaccinated in the past, as long as there was no obligation to do so. In medical institutions, however, the employer can reject applicants if they are not vaccinated and do not want to be vaccinated. Lawyer Kempgens, however, restricts: “Unvaccinated employees require other protective measures in the company and also lead to disagreements among the employees. For this reason, non-vaccinated employees will certainly not be preferred in the company in the near future.”

Are employers allowed to distinguish between vaccinated and non-vaccinated people?

“In my opinion, they even have to,” says Kempgens. “As with official measures, labor law restrictions are more difficult to justify for vaccinated people, while labor law protective measures have to be stronger for non-vaccinated people.” Felser believes privileges are conceivable, such as the earlier return of vaccinated employees from the home office to the office or the use of communal facilities such as the canteen. However, the incentive or pressure from such preferences should not be disproportionate.