German Constitutional Court Upholds Employer Rights in Night Shift Pay Dispute

The court overturned previous rulings mandating higher night shift pay, emphasizing the protection of collective bargaining agreements.

The German Federal Constitutional Court ruled in favor of two employers, overturning prior decisions by the Federal Labor Court (BAG) that mandated higher night shift pay.
The dispute centered on tariff agreements that provided 25% pay bonuses for regular night shifts and 50% for irregular night work, with two employees arguing for equal treatment.
The Federal Labor Court had previously ruled the disparity violated the constitutional principle of equality, ordering higher bonuses for regular night shift workers.
The Constitutional Court found that the Federal Labor Court's decision infringed on the constitutionally protected autonomy of collective bargaining agreements.
The cases have been sent back to the Federal Labor Court for reconsideration, with the Constitutional Court reaffirming that judicial intervention in tariff agreements is limited to cases of clear arbitrariness.