BAG Ruling on Overtime Premiums for Part-Time Employees
On 28 April 2026 (5 AZR 96/25), the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled in the case of a part-time sales assistant from Thuringia who, alongside her regular work, also performed works council duties. The claimant demanded payment of overtime premiums (Mehrarbeitszuschläge) under the collective agreement, which, according to the framework collective agreement (Manteltarifvertrag), were only provided for once 40 weekly hours were exceeded. She argued that this rule unlawfully disadvantages part-time employees, as it is harder for them to reach the threshold than for full-time employees.
The claimant’s appeal on points of law (Revision) succeeded: the judges declared the rigid collective-agreement threshold of 40 weekly hours invalid because it disadvantages part-time employees (§ 4 Abs. 1 TzBfG, § 134 BGB), set aside the judgment of the Thuringia Higher Labour Court (Landesarbeitsgericht) and remanded the case to it. In the court’s view, the thresholds for overtime premiums for part-time employees must be reduced in proportion to their contractual working time. For the claimant, this means an entitlement to premiums in principle once she exceeds the proportionately reduced threshold; the amount remains to be determined, because the overtime actually worked has not been sufficiently established.
The decision consistently implements the statutory prohibition of discrimination and the requirements of European law. It makes clear that collective agreements, too, may not restrict the principle of equal treatment of part-time and full-time employees in matters of pay. Employers should review existing employment contracts and applicable collective agreements to determine whether overtime premiums for part-time employees are calculated in accordance with the law. In practice, this means that the threshold for overtime premiums for part-time employees must be reduced proportionately to their contractual working time; premiums arise only once the proportionately reduced threshold is exceeded (in the case decided: 19.25 contractual weekly hours, collective-agreement working time of 38 hours, premium threshold of 40 hours – premium only from an excess of 1.01 weekly hours).
Status: 20 October 2026
NIETZER Rechtsanwälte · Attorneys at Law (USA) · Heilbronn · www.unternehmensrecht.com
This article is for general information purposes and does not replace legal advice in an individual case.
