Federal Labor Court to Discuss Overtime Pay for Part-Time Workers on Wednesday - Germany’s Top Court to Rule on Overtime Pay for Part-Time Workers
A key legal case over overtime pay for part-time workers will be heard by Germany’s Federal Labor Court in Erfurt on Wednesday. The dispute centers on whether overtime surcharges should apply once part-time employees exceed their own contracted hours—or only after surpassing full-time thresholds. The outcome could set a precedent for how such payments are calculated nationwide.
The case (No. 5 AZR 118/23) involves a part-time worker at a Nuremberg food wholesaler. The employee, contracted for 30.8 hours per week, is claiming €840 in unpaid overtime premiums for a six-month period in 2020 and early 2021.
The court’s decision will determine how overtime premiums are applied to part-time workers across Germany. If the employee succeeds, similar claims could follow, reshaping pay structures for millions. The ruling is expected to provide clarity on a long-standing legal grey area.
