Working times recorded on signed time recording sheets
are considered approved and – for the time being –
undisputed.
Federal Labor Court, June 26, 2019 – 5 AZR
452/18
Facts of the case
The parties – a trade union secretary (plaintiff) and
trade union ver.di (defendant) – argued over the remuneration
of overtime. The "General Working Conditions for ver.di
Employees" ("Allgemeine Arbeitsbedingungen für die
ver.di-Beschäftigten"; hereinafter: "General Working
Conditions") concluded in the form of a general works
agreement, applied to the employment relationship. They specified
that compensation days for overtime worked were only granted if
overtime and/or work at inopportune times were performed on a
regular basis as well as overtime was performed at weekends
or on public holidays (Article 10(5) General Working Conditions).
The compensation was a flat rate of nine working days per calendar
year, while no additional overtime payments were provided for.
