What are time supplements?
Time allowances are additional payments that workers receive for work at special times. These supplements are used to financially compensate for the additional burdens caused by working outside regular working hours. Search special times may include night work, Sunday and public holidays, or overtime be. The amount of time supplements depends on legal regulations, collective agreements or individual employment contracts.
Typical times for time surcharges
Time supplements are often granted in the following cases:
- Night Work (often between 9 pm and 6 am)
- Sunday work
- Holiday work
- Saturday work (Depending on the collective agreement)
- Extra work (overtime)
These supplements are calculated as a percentage of normal hourly pay, depending on the type of work done and the time at which it takes place
Legal Basis and Contractual Arrangements
The legal right to time supplements is limited in Germany. For night work sees Section 6 (5) of the Working Hours Act A right to appropriate remuneration or additional paid days off. How high this surcharge must be is not defined by law, but is generally regulated by collective agreements or company agreements. However, there is no legal requirement for public holidays, Sundays or overtime work, but the regulations result from the respective collective or employment contract.
Time allowances for part-time employment: BAG ruling 2018
A landmark ruling by the Federal Labour Court (BAG) from 2018 strengthens the rights of part-time workers. Parttime workers must be granted supplements for extra work as soon as their contractually defined working time is exceeded — and not only when they exceed the working time of a full-time employee. This prevents part-time workers from being discriminated against after Section 4 (1) of the Part-Time and Fixed-Term Employment Act.
Calculation of time surcharges
Calculating time supplements is often complex, especially when there are several surcharges at the same time, for example when working overtime on a public holiday. In such cases, Sunday, public holidays and overtime supplements may be cumulated.
An example of how to calculate:
Hourly rate: 20 EUR
Supplement for night work: 20%
Calculation: 20 EUR * 0.2 = 4 EUR in addition to hourly pay
Time allowances in public service (TVÖD)
In the public sector, time supplements are regulated by the Collective Agreement for the Public Service (TVÖD). Examples of Surcharges in accordance with § 8 TVÖD Are:
- Overtime: 30% (EC 1 to 9), 15% (EC 10 to 15)
- Night work: 20%
- Saturday work (1pm-9pm): 20%
- Sunday work: 25%
- Working on public holidays without time compensation: 135%
Differences between Federal States and Civil Servants
There are country-specific regulations for civil servants and employees in the public sector in the federal states, which are set out in the corresponding regulations. These often relate to allowances for overtime, unfavourable working hours or special difficulties.
Conclusion
Time allowances are an essential part of compensation for employees who work outside regular working hours. These supplements are calculated on the basis of collective agreements or individual agreements, although the amount and entitlement may vary depending on the employment relationship. Online tools can be used to simplify the calculation and ensure that all requirements are correctly taken into account.