BAG: Overtime bonuses also for part-time employees

The Federal Labor Court (BAG) has ruled (Ref. 5 AZR 118/23), that part-time employees are entitled to overtime bonuses as soon as they exceed their individually agreed working hours. It is not permissible to pay the supplement only once the working hours of a full-time employee have been reached.

The BAG has thus rejected a widespread practice in collective agreements and company regulations.

Why is the judgment important?

Part-time employees have often been disadvantaged in the past: They had to work significantly more hours than full-time employees in order to receive an overtime bonus. The BAG considers this to be a violation of the prohibition of discrimination in the Part-Time and Fixed-Term Employment Act (Section 4 TzBfG).

Part-time employees may only be placed in a worse position if there is an objective reason - this was not the case in this instance.

Significance for practice

The ruling has practical implications:

• Overtime bonuses are to be granted in proportion to the agreed working hours.
• Part-time employees receive the supplement from the first hour over their contractual working hours.
• Collective bargaining or company regulations that provide otherwise are invalid and may not be applied.

Consequences for employers

Employers should urgently review their working time and remuneration regulations. Otherwise, there is a risk of claims for back payments and legal risks due to unlawful discrimination.

Significance for employees

Part-time employees can now clearly assert that any overtime in excess of the agreed working hours may be subject to a supplement. The ruling significantly strengthens their rights.