In light of the Covid-19 pandemic, many employers in Germany
are requiring workers to wear masks. Could these workers be
entitled to additional pay under collective agreements?
Workers are entitled to a hardship allowance under various
collective agreements if they must wear a respirator at work. For
example, the framework collective agreement for industrial cleaning
workers, which has been declared generally binding, provides for a
10% increase in the pay rate if workers are required to wear a
respirator during work. Is this surcharge also payable if the
employer requires the employees to wear either a cloth nose and
mouth protection or a simple surgical mask during work?
Under the collective agreement rules, the surcharge applies only
to the wearing of breathing masks. Even according to the wording of
these rules, simple surgical masks or so-called everyday masks are
not considered to be respiratory masks. That is because they do not
protect the wearer from
