A landmark ruling by the Federal Labor Court in Erfurt has put an end to the discrimination against part-time employees regarding overtime pay. The court decided that part-time workers should receive the same overtime bonuses as their full-time counterparts. This decision arose from a case involving a nurse at the Dialysis and Kidney Transplant Committee, who was denied additional pay or time credits for nearly 130 overtime hours due to a policy that only rewarded work exceeding full-time hours.
The ruling found such policies to be discriminatory, particularly impacting the 12 million part-time employees in Germany, most of whom are women. The court recognized these regulations as indirect gender discrimination since they disproportionately affect women, who are more likely to work part-time. The judgment is supported by figures from the Federal Statistical Office and labor law experts, highlighting the broader implications of this decision.
The court's decision emphasizes the need for fair treatment in workplaces and the removal of policies that unjustly disadvantage part-time workers. It also reinforces the principle of equal treatment, aligning with the European Court of Justice's stance against discrimination. This ruling not only benefits the plaintiff, who received time credits and compensation but also sets a precedent for future legal considerations, urging companies to reassess their employment policies to ensure compliance with non-discriminatory practices. Overall, this decision marks a significant step towards workplace equality, particularly in recognizing and valuing the contributions of part-time employees.
