Under European law, member states may not allow companies to treat part-time workers less favourably than full-time workers. In this case, the Court of Justice of the European Union has ruled that a company cannot set the same threshold for triggering overtime pay for both categories of worker.
In a ruling handed down on 19 October 2023, the CJEU established the principle that part-time employees cannot be deprived of overtime pay on the grounds that they work fewer hours. The case was brought by the German Federal Labour Court in a dispute between a pilot and a subsidiary of Lufthansa. As a part-time worker, the hourly threshold for triggering overtime was the same for him as for full-time employees, depriving him of this remuneration scheme, despite working more than his theoretical
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Article authors
Antoine Piel
Section Head at Mind HR