In its decision of June 26, 2019 (ref. 5 AZR
452/18), the 5th Senate of the Federal Labor Court (BAG) dealt with
the requirements and limitations of overtime lump sum remuneration
clauses in works agreements. So far, the decision is only available
as a press release.
Facts of the case
The plaintiff is a union secretary at the
ver.di trade union. The parties have agreed a weekly working time
of 35 hours and "trust-based working hours". The latter
means that the plaintiff has to decide himself in principle when
his working hours begin and end. The employment relationship is
based on the "General Conditions of Employment for ver.di
Employees" (AAB) concluded in the form of a general works
agreement. With regard to overtime compensation for trade union
secretaries, these differentiate whether they are to
"regularly" work overtime: According to which, union
secretaries who regularly work overtime receive nine free working
days per calendar year as compensation.
