In a landmark decision published on 19 February, the German Federal Constitutional Court (BVG) confirmed the annulment of two judgements handed down by the Federal Labour Court (BAG), dating from 2020 and 2023, concerning the level of wage increases for night work. By favouring social dialogue, the constitutional judges are limiting the scope of the labour courts' control over collective bargaining.
On 11 December 2024, the Federal Constitutional Court in Karlsruhe, to which two food industry companies brought the matter, overturned two rulings handed down by the Erfurt labour court in 2020 and 2023. They referred the case for a subsequent decision, which was published on 19 February. It should have a definite impact on the labour courts’ scope of decision-making, when it comes to their possible “inroads” into the negotiating autonomy of the social partners.
Two rulings on pay increases...
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Article authors
Thomas Schnee
Freelance