Calculation of service period for benefits: inclusion of prior employment period

The Federal Labour Court reversed the lower court's decision in favor of the plaintiff, ordering that the period from January 1, 2004, to June 30, 2011, must be included in the calculation of her service period, while the revision of the defendant state was rejected; the state was ordered to bear the legal costs. The dispute concerned the plaintiff’s entitlement to service-period-based benefits, specifically challenging whether a career break or specific employment interval should be counted toward her cumulative years of service for wage progression or seniority purposes. The decisive legal basis was the interpretation of collective agreement provisions regarding the calculation of service periods (service length), establishing that the contested timeframe was legally relevant for determining her standing and benefits under the applicable labor law framework.