A provision in a collective agreement that stipulates that overtime pay must exceed the regular work hours of a full-time employee constitutes discrimination against part-time employees. This applies in any case if the differentiation is not justified by objective reasons.
The employer, an outpatient dialysis provider, employed the plaintiff as a part-time employee to the extent of 40% of a full-time employee. The collective labor agreement (MTV) concluded between the employer and the trade union ver.di applies to the employment relationship on the basis of a reference in the employment contract. According to the MTV, a supplement of 30% is to be paid for overtime worked in excess of the monthly work hours of a full-time employee and which cannot be compensated by time off in the respective calendar month. As an alternative to payment of the supplement, a corresponding time credit to the work time account is provided for. At the end of March 2018, the employee’s work time account showed a work time credit of 129 hours and 24 minutes. The employer did not pay the employee overtime bonuses for these hours, nor did it make a time credit in the work time account.
The employee demanded that a further 38 hours and 39 minutes be credited to her work time account as overtime pay, as well as the payment of compensation in accordance with Section 15(2) of the General Equal Treatment Act (AGG) in the amount of a quarter’s earnings. She was of the opinion that the...
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