Permanent night workers are usually entitled to a supplement of 30 percent of their gross hourly pay
30 März 2016
On 9 December 2015, the Federal Labour Court (Bundesarbeitsgericht, BAG) ruled that permanent night workers are usually entitled to a night-work supplementof 30 percent of their gross hourly pay (docket no. 10 AZR 423/14).
In the underlying case the plaintiff had worked for the defendant as a lorry driver delivering parcels and regularly worked between 10:00 p.m. and 6:00 a.m. The defendant employer paid him a night supplement of 11 percent, later 20 percent of his hourly pay for the time between 9:00 p.m. and 6:00 a.m. The Federal Labour Court took the view that this was not sufficient to fulfill the requirements of the “adequate supplement” which was due according to section 6 para. 5 German Working Time Act (Arbeitszeitgesetz, ArbZG). In the case of permanent night work, rather a supplement of 30 percent of the gross hourly pay was usually due because of the higher workload connected therewith.
The entire judgment can be downloaded here (in German language).