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Issues Raised by the Mass Mail Sent by Staff Council: Entire Freie Universität on November 15, 2023

The Flex Employment Agreement affects many groups and positions across Freie Universität Berlin. However, there are exceptions. This includes, for example, staff who are required to follow a specific schedule as part of their terms of employment. It is not generally possible to provide the same degree of flexibility for members of staff employed under these conditions.

There is a shared belief that extending the time range during which work may be carried out or making core working hours (functional work hours) more flexible does not provide a suitable basis for reliable shift plans and schedules, particularly in sensitive work environments such as clinics. Nevertheless, it is assumed that a more flexible working model could boost Freie Universität Berlin’s image as a modern, attractive employer. Such a model could provide a solution to staff shortages and take the pressure off units affected by shortages.

It is important to emphasize that the impact of the Flex Employment Agreement will be very limited in areas where staff work according to schedules or shifts.

No, employees will not earn less with the introduction of the Flex Employment Agreement, nor will Freie Universität Berlin save money by introducing the agreement. It should be noted that time bonuses are regulated in accordance with existing collective agreements. These take precedence over the Flex Employment Agreement.

There are no plans to use the Flex Employment Agreement to override or undermine the collective agreements. What is more, to do so would be inadmissible. As a result, it cannot be argued that introducing the new agreement will make it harder to fill empty positions. On the contrary, introducing a more flexible working model will hopefully boost Freie Universität Berlin’s image as a modern, attractive employer. This could help provide a solution to staff shortages and take the pressure off units affected by shortages.

Please see the question “How autonomously can working hours be organized...?” for a more detailed explanation. By the nature of their employment relationship, employees are not entitled to complete freedom in organizing their working hours. Working time sovereignty can be seen more as an operational change process in which employees can decide on their own working hours, but not without restrictions. In doing so, they must adapt to operational requirements and the necessary framework of work processes. This is precisely the aim of the regulations stipulated in the Flex Employment Agreement.

If there is a desire among employees for more flexibility without a loss of communication and collaboration (two important elements of working at a university), then the next logical step is to provide an expanded framework for working hours. It is also logical to introduce regulations that help ensure that communication and collaboration are upheld, for example, the “50% rule.” Any claims that employees will lose their autonomy in organizing their working hours or that units will have unlimited power in deciding working hours are unfounded, as all employees are bound to set regulations. As no changes are being made to collective agreements governing work hours, employees’ right to end their working day and cease work-related activities is not affected by the Flex Employment Agreement.

It should be mentioned that introducing a more flexible working model is no easy task; many aspects need to be taken into consideration. A simpler, more cost-efficient solution would be to assign fixed working hours for everyone – however, this would be neither flexible nor desirable.

The Staff Council: Entire Freie Universität has called for negotiations surrounding the Flex Employment Agreement to be supported by legal counsel. University management has been open to negotiations since the very beginning. After all, when it comes to negotiating an employment agreement, discussions regarding the content thereof are important. How Freie Universität Berlin organizes working hours is something that should be decided jointly and with the input of its members. Claims that Freie Universität has failed to create space for negotiations are unfounded, particularly in view of the comprehensive informational event that the Staff Council: Entire Freie Universität attended in early 2022. In addition, university management has made it clear that legal counsel is possible at any time, including after negotiations have been completed and in the event that any discrepancies are found. Furthermore, Freie Universität is only considered to have complied with its obligations to allow for negotiations to take place once legal counsel has been provided regarding the content of the agreement.