CJEU: Overtime Pay Begins After Agreed Hours for Part-Timers

Joined Cases C-184/22 and C-185/22,IK and CM v KfH Kuratorium für Dialyse und Nierentransplantation eV, Judgement of the CJEU of 29 July 2024

KEY TAKEAWAY: The entitlements of part-timers have long been regulated by the EU. However, we have seen a twist in direction by the CJEU. If you employ part-time employees, it might be time to assess your remuneration practices and weigh your risks.

In the joined cases C-184/22 and C-185/22, two part-time care assistants in Germany argued that their employer treated them unequally compared to full-time employees, by not paying them extra for overtime worked beyond their agreed hours. Under their collective agreement, a salary supplement for overtime was paid only in respect of hours worked in excess of a full-time employee’s normal working hours.

The CJEU agreed with them, noting that this makes it impossible or, at least significantly harder, for part-time employees to reach the number of working hours required to qualify for the salary supplement.

Full-time employees start receiving a salary supplement as soon as they exceed their normal working hours, while part-time employees do not. This could also be seen as indirect sex discrimination if it disadvantages more women than men.