This Meal Break Waiver is designed for use in situations where standard meal break schedules as prescribed by German labor law need modification to accommodate operational requirements or employee preferences. The document is particularly relevant in work environments with continuous operations, shift work, or specific operational constraints. It ensures compliance with the German Working Hours Act (Arbeitszeitgesetz) while providing flexibility in break arrangements. The waiver includes essential information about alternative break schedules, employee rights, and safeguards to protect employee well-being. It should be used when both employer and employee agree that standard break arrangements need modification, and must include works council approval where required by German law.
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1. Parties: Identification of the employer and employee, including full legal names, addresses, and relevant employment details
2. Background: Context of the agreement, including reference to the employment relationship and applicable German labor laws
3. Definitions: Key terms used in the agreement, including 'meal break,' 'working hours,' and other relevant terminology
4. Break Waiver Declaration: Clear statement of the employee's voluntary waiver of standard meal break arrangements
5. Alternative Break Arrangements: Specification of the modified break schedule or arrangements being agreed upon
6. Duration and Validity: Period for which the waiver is valid and conditions for renewal or termination
7. Legal Compliance: Confirmation that the arrangement complies with ArbZG requirements and other applicable laws
8. Revocation Rights: Employee's right to withdraw from the agreement and process for doing so
9. Signatures: Space for dated signatures of both parties and any required witnesses
1. Works Council Approval: Required only when a works council exists and their approval is necessary under BetrVG
2. Compensation Arrangements: Include when the modified break schedule affects compensation or involves additional payments
3. Health and Safety Measures: Additional provisions when the waiver requires specific health and safety considerations
4. Collective Agreement Compliance: Required when the employer is bound by collective agreements affecting break arrangements
5. Special Working Conditions: Include for specific work environments or conditions that affect break arrangements
1. Schedule A - Modified Break Schedule: Detailed breakdown of the new break arrangement including times and durations
2. Schedule B - Employee Information: Employee's current work schedule and position details relevant to the waiver
3. Appendix 1 - Legal References: Relevant excerpts from ArbZG and other applicable laws and regulations
4. Appendix 2 - Risk Assessment: Documentation of any health and safety risk assessment related to the modified break schedule
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