In the end, it was the nurse’s case (8 AZR 370/20) that beat the Lufthansa pilot’s case (10 AZR 185/20) to the punch on the issue of overtime pay supplements for part-time workers. The first case was decided on 5 December, while the pilot’s case was postponed on 4 December for further information. This was despite a ruling by the Court of Justice of the European Union (CJEU) on 19 October 2023 in favour of the pilot. The federal judges had to rule at last instance on the complaint of employees
…Germany: decision of principle on calculation of overtime pay supplements for part-time workers
In a ruling published on 5 December, the Federal Labour Court (BAG) handed down a decision of principle establishing that part-time workers are entitled to the same overtime bonuses as their full-time colleagues from the first hour of overtime. The ruling, which is based on a double infringement of the General Act on Equal Treatment (AGG), comes ahead of a decision expected on a similar case involving a part-time Lufthansa pilot.
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