DS v Koch Personaldienstleistungen GmbH Posted In: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionWorking Time, Leave
In German national law, the Manteltarifvertrag für Zeitarbeit (Framework Collective Agreement for temporary employment – “MTV”), contains, in paragraph 3.1, concerning ‘working hours’, the following passages:
‘3.1.1. The regular monthly working hours for a full-time employee shall be 151.67 hours.
3.1.2. The regular individual monthly working hours shall depend on the number of days worked. The monthly working hours shall be:
- 161 hours in a month comprising 23 working days.
Paragraph 4.1.2 provides:
‘The additional allowance for overtime shall be paid for hours worked in excess of:
- 184 hours for 23 working days.
The additional allowance for overtime shall be 25%.’
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