DS v Koch Personaldienstleistungen GmbH [2022]

Posted In: Case Law
  • Decision Number
    C-514/20
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time, Annual Leave and Holiday Pay
Issues covered: Working Time; Annual Leave

Background

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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This article is correct at 11/04/2022
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email kevin.mcveigh@edglegal.com

View all articles by Kevin McVeigh