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Berlin Part-time employees must not be treated worse when it comes to receiving increased remuneration for exceeding a certain number of working hours. This was decided by the European Court of Justice (ECJ) in its ruling of July 29, 2024 (case numbers: C-184/22 and C-185/22), thereby confirming an earlier decision on air traffic controllers, which is also relevant for employed doctors.

They may also be entitled to overtime pay if their individual working hours are exceeded, even if the collective agreement stipulates that overtime allowances are only paid if the regular working hours of full-time employees are exceeded.

The Marburger Bund (MB) announced that it would now examine its collective agreements in light of the confirmed decision of the ECJ. Various regional associations have already drawn up so-called model letters of assertion. For specific advice, members of the Marburger Bund should contact the office of their respective regional association.

The case, which was submitted to the ECJ by the Federal Labor Court (BAG), concerned a collective agreement that stipulated a regular weekly working time of 38.5 hours for full-time employees. Overtime bonuses were only to be paid for overtime that exceeded the calendar month’s working hours of full-time employees.

The plaintiffs, who were employed with a working time of 40 percent or 80 percent of the regular weekly working hours of a full-time employee, had sued for the granting of a time credit corresponding to the allowances and for the payment of compensation in accordance with Section 15 Paragraph 2 of the General Equal Treatment Act (AGG).

On the one hand, the ECJ saw the collective agreement as unjustified discrimination against part-time workers. On the other hand, the ECJ also assumes indirect discrimination on the basis of gender if it is proven that the collective agreement disadvantages a significantly higher proportion of women compared to men.

The cases are now back before the Federal Labour Court, which must examine them again, taking into account the opinion of the European Court of Justice, and then come to a decision on the matter. © EB/aha/aerzteblatt.de