Night shift allowance by law?

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Not everyone is a night owl and likes to work at night. However, those who take this on themselves can be entitled to a corresponding night shift allowance. Such results from the law, relevant here is the Working Hours Act.

Day work is usually less strenuous than night work.
Day work is usually less strenuous than night work.

In order to be able to claim a night shift allowance, an employee needs a corresponding entitlement basis. This can be derived, for example, from the employment contract or resulting from a collective agreement. The Working Hours Act stipulates that compensation is to be granted in days off or through an appropriate wage supplement.

Night shift allowance and the law on working hours

  • The right to a night shift allowance can result from a collective agreement. According to the collective agreement (TV-L) applicable to civil servants in the federal states, there is for the so-called "Special forms of work" - this also includes night work - a corresponding compensation in a salary supplement consists.
  • According to § 8 para. 1 sentence 2 lit. b) For night work, TV-L is entitled to a night surcharge of 20 percent of the wage paid for one hour of work in the respective wage group at level 3.
  • If there is no collective agreement, according to § 6 para. 5 Working Hours Act (ArbZG) a compensation claim, which can exist either in paid days off or in an appropriate addition to gross wages.
  • In most cases, the employment contract stipulates the amount of a night shift allowance as a specific basis for entitlement.
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  • Rework within the meaning of the Working Hours Act applies if more than two hours are worked during the night between 11 p.m. and 6 a.m., cf. § 2 para. 3 and 4 ArbZG.

Collision of surcharges

  • Disputes can easily arise about the amount of surcharges to be paid if several of them theoretically clash. For example, it can happen that overtime is also worked at night or on a Sunday or public holiday.
  • In each individual case, it depends on how the collective bargaining or employment contract regulation is formulated.
  • The TV-L provides, for example, that when time supplements such as the supplement for Sunday work or work on the 24th December only the higher surcharge is paid.

There is no statutory right to an allowance for work on Sundays and public holidays, but the law provides for a corresponding right to compensation for night work.

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