According to a decision by the Federal Labor Court, temporary workers have the right to have vacation days taken into account when calculating overtime bonuses. In a case from North Rhine-Westphalia (10 AZR 210/19), the Federal Labor Court ruled that the collective agreement for the temporary employment industry should be interpreted in such a way “that when calculating overtime bonuses, not only hours actually worked but also vacation hours” are counted.
The point here is whether a threshold above which the employer has to pay surcharges has been exceeded. If that doesn’t happen, “the regulation would be suitable to prevent the employee from taking his statutory minimum holiday,” declared the highest German labor judge.
It was about overtime bonuses that temporary workers should receive according to the collective agreement in months with 23 working days, for example.
