DS v Koch Personaldienstleistungen GmbH [2022]
Decision Number: C-514/20 Legal Body: Court of Justice of the European Union
Published on: 11/04/2022
Article Authors The main content of this article was provided by the following authors.
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin mcveigh

Kevin McVeigh is Head of Elliott Duffy Garrett’s Corporate & Banking practice. Kevin advises clients on corporate transactions in Northern Ireland and on international deals with a Northern Ireland connection. He specialises in the sale and purchase of businesses. Kevin also advises on commercial contracts including investment and shareholder agreements and corporate governance.

Background

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%.’

In the month of August 2017, which included 23 working days, DS, employed by Koch as a

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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. This article is correct at 11/04/2022