Germany: court ruling on legality of paying different night time bonus premia

In a decision of principle published on 22 February 2023, Germany’s Federal Labor Court (BAG) ruled that bonus payments for night work paid by a company may differ depending on whether the work performed is regular or irregular.
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This ruling comes after the Court of Justice of the European Union referred the case back to the BAG after deeming that even though the case had been referred to it, European law did not cover the question of night work bonus remuneration. The German judges have therefore ruled on the complaint filed by a Coca-Cola employee in Berlin. While the collective agreement for the beverage industry in Berlin and the eastern region provides for a 20% premium for regular night shift work, compared to a 5

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