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The statutory deadline
It appears in the law only for work on demand: under section 12(3) TzBfG the person is obliged to work only if the employer tells them the timing of their working time at least four days in advance in each case.
Where the deadline is not met, no duty to work arises. Anyone who comes anyway is working voluntarily, and anyone who does not come breaches no duty.
For an ordinary roster
Here there is no statutory deadline. The limit is set by section 106 GewO: the instruction has to accord with reasonable discretion, and an assignment on the previous evening does so only in exceptional cases.
In practice periods of two to four weeks are agreed, often with an exception for cases of illness. Where a works council exists, such a rule is subject to codetermination under section 87(1) no. 2 BetrVG.
Changes at short notice
An assignment that has taken effect cannot be withdrawn unilaterally where the person has arranged their affairs around it. Where a shift is cancelled, section 615 BGB applies: the entitlement to pay remains, and the time may not be booked as negative hours.
That is the expensive part of short-notice planning, and it is rarely counted in.
Example: a call on Thursday
- Notification on Thursday for a deployment on Monday.
- Friday, Saturday, Sunday and Monday lie between notification and deployment.
- Four days are observed, so the duty to work arises.
- A notification on Friday for the Monday would be too late.
Common mistake
The cancelled shift gets booked as negative hours. Where the business cancels, it bears the risk under section 615 BGB, and the hours count as worked.
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
- Section 12(3) TzBfG
- „The employee is obliged to work only if the employer tells them the timing of their working time at least four days in advance in each case.“
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: 2 September 2026