BAG judgment: Part-time staff receive overtime remuneration from the very beginning!

BAG judgment: Part-time staff receive overtime remuneration from the very beginning!

Halle (Saale), Deutschland - A spectacular turning point for part -time workers: On December 5, 2024, the Federal Labor Court (BAG) decided that overtime surcharges for part -time workers had to be paid from the first overtime. This significant decision makes it clear that the previous regulation, according to which part -time forces are only entitled to overtime remuneration, if they exceed the hours of a full -time person, to be classified as discriminatory. The reason for this is a lawsuit by a nurse who, despite many overtime hours, had not received any surcharges because the tariff rules did not provide them. The BAG not only gave the plaintiff the required time crims, but also a compensation of 250 euros for reasons of indirect gender discrimination, since a large part of the part -time staff in this sector is female, as [Anwal.de] reported.

eliminate inequalities

The decision not only means a fundamental correction of previous practice, but could also result in far -reaching changes in numerous collective agreements. According to the BAG, the regulation violates the part-time and temporary law (TzBfG) and the General Equal Treatment Act (AGG) if there are no objective reasons for different treatments. The judge emphasized that equal treatment between part-time and full-time forces must be ensured in order to reduce discrimination and to ensure acceptable working conditions for all employees. This new regulation could bring advantages thousands of workers, especially women who often work part -time, as explained in [hwkhalle.de].

The recent judgments of the BAG focus on the introduction of fair overtime regulations for part -time forces and underline the need to question and adapt legal framework at any time. Part -time employees, who often work unpaid overtime, are now in a significantly stronger position to assert their claims. Employees should deal with their employers about the existing regulations and check whether they are entitled to overtime surcharges or time credits. A consultation with legal experts could also be necessary to clarify possible claims.