If part-time, make workers work Overtime, you can claim in the future, it is easier for a Supplement for your more work. The surcharge will only be payable if the affected employee works more than his full-time colleagues. The Federal labour court writes in a recent judgment (case no. 10 AZR 231/18).
the applicant is The Deputy branch Manager in the hospitality industry. The working time is agreed upon for weeks, but based on the year. If it were 90 percent, a full point, with 2028 hours, so in 1818 hours.
in 2016, worked with the applicant for almost 20 hours more than in the employment contract. The company paid the regular wage of 13,22 euros per hour. With its action, the assistant Manager called in addition to the tariff more work surcharge of 33 per cent, a total 85,90 Euro.
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As the courts, the Federal labour court upheld the claim: “The interpretation of the collective agreement reveals that part-time employees with an agreed annual working time supplements a claim to more work for the hours worked in excess of their individually defined working hours.” Otherwise, it would disadvantage part-time employees prohibited.
This interpretation follows from the part – time and fixed-term employment act, the court explained. Accordingly, part-time workers should not be treated “because of the part-time work worse than a comparable full-time employees, unless objective reasons justify a different treatment”.
at Least a “factual” no longer be able to cite basic employer and lawyers now: That part-time workers were, on the whole less stressed and no longer work award might require, because this surcharge is intended to offset the high stress, which is created only in work on a full-time position.