Duty roster
The roster sets out who works when. Legally it is the exercise of the employer's right to give instructions on the timing of working time.
As of:September 2026
The limit of the right to issue instructions
Under section 106 GewO the employer can determine the time and place of work at its reasonable discretion, unless something else has been agreed or laid down. "Reasonable discretion" means the interests of both sides have to be weighed, not only the operational ones.
Where the employment contract names a fixed schedule, the right to issue instructions ends. Anyone whose contract says "Monday to Friday, 08:00 to 17:00" cannot simply be scheduled into a late shift.
Codetermination
Where a works council exists, drawing up the roster is subject to codetermination: section 87(1) no. 2 BetrVG for the start and end of daily working time including breaks and its distribution across the days of the week, and no. 3 for temporary shortening or extension.
That concerns the plan as such, not the assignment of individuals for purely personal reasons. In practice a framework is therefore often codetermined and the specific staffing left to the business.
MetronHR works these figures out itself: time accounts, premiums, overtime and the limits of the German Working Hours Act, with every booking.
What has to be checked along with the plan
Maximum working time under section 3 ArbZG, rest periods under section 5, breaks under section 4, substitute days of rest under section 11(3), the number of free Sundays, night working days and approved absences.
These checks interlock. A swap that keeps the rest period can shift the substitute day of rest; an additional shift that is permissible in itself can tip the average in the balancing period. That is why checking on assignment is more effective than a check afterwards.
Common mistake
The plan gets published and checked afterwards. A published plan creates reliance, and withdrawing it costs more than a check before release.
Further reading
- Section 106 sentence 1 GewO
- „The employer can determine the content, place and time of the work in more detail at its reasonable discretion, in so far as these working conditions are not laid down by the employment contract, the provisions of a works agreement, an applicable collective agreement or statutory provisions.“
- Section 87(1) nos. 2 and 3 BetrVG
- Sections 3, 4, 5 and 11 ArbZG
This is not legal advice; for a specific case at your workplace you are better off asking someone qualified to give it.
Published by: AMNAU GmbH
Editorial responsibility: Ugur Aydogan, Product development.
Last reviewed: September 2026
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Related terms
Shift model
A shift model describes how working time is distributed across the day and the week and in what order the shifts rotate.
Staffing level
The staffing level is the number of people a shift or a time window needs as a minimum. In many areas a qualification requirement comes on top.
Notice period for rosters
The notice period is the lead time with which the timing of working time has to be communicated before it becomes binding.
Codetermination
Codetermination means a measure requires the works council's consent. For working time it is governed by section 87(1) BetrVG and is enforceable.
Qualification matrix
A qualification matrix sets out which person may perform which activity. It is the basis of any planning in which not everyone can do everything.