Right to Equal Treatment of Part-Time and Full-Time Employees
The Federal Labor Court (BAG) in its ruling of November 14, 2023 (Case No.: 6 AZR 131/25) emphasized the significance of the principle of equal treatment in cases of disadvantage to part-time employees compared to full-time employees. The central issue of the decision was whether part-time employees could be disadvantaged in certain benefits or allowances compared to full-time workers.
Facts of the Case
In the current proceedings, an employee working part-time sought a benefit that he believed was withheld from him, which had been granted to other full-time colleagues in the company. The employer had denied the financial benefit on the grounds that part-time employees were not entitled to it to the same extent. The individual concerned saw this as unjustified unequal treatment and filed a suit for equal treatment.
Fundamental Decision of the Federal Labor Court
The BAG clarified that under § 4 of the Part-Time and Fixed-Term Employment Act (TzBfG), part-time employees must not be disadvantaged unless there are objective reasons justifying different treatment. A mere differentiation based on the extent of employment is generally not sufficient for this. Rather, it is necessary for there to be a specific, objectively understandable reason that explains the differing granting.
Review Standards and Mandatory Requirements
In assessing whether there is a disadvantage to part-time employees, it is not merely based on the employment contract and the extent of the working hours. Rather, employers must demonstrate a comprehensible justification for each different treatment, which must be not only in the organizational interest but also substantively viable.
In the decided case, the benefit was varied solely due to the reduced working hours. The court found this to be a violation of the prohibition of discrimination under the Part-Time and Fixed-Term Employment Act, due to the lack of convincing justification.
Significance for Company Practice
With this ruling, the court specified the requirements for employers when designing benefits and allowances between part-time and full-time employees. Violations can have significant consequences for company structures and voluntary benefits. The decision reinforces the necessity of consistently observing the principle of equal treatment and avoiding unjustified disadvantages for part-time employees.
Further Legal Assessment and Note
The ruling underscores the central role of the prohibition of discrimination in employment relationships and provides employers with clear guidelines. However, when implementing within the company, the individual circumstances must always be examined. The current decision of the Federal Labor Court is of significant importance for both companies and employees alike.
For companies, employers, and employees who have legal questions regarding the equal treatment of part-time and full-time employees, the interpretation of § 4 TzBfG, or other labor law frameworks, MTR Legal Attorneys offers comprehensive advice. Further information can be found under Legal Advice in Labor Law.
