Contractual night work surcharges and the application of the equality principle in collective agreements

The Federal Labor Court (BAG) dismissed the plaintiff's appeal in remittitur, upholding the lower court's decision and leaving the plaintiff to bear the costs of the appellate instance. The dispute concerned the claim for contractual night work surcharges, where the plaintiff argued for additional compensation under the principle of equality (Gleichheitssatz), likely contending that the applicable collective bargaining agreement provided insufficient or non-standardized rates for night shifts. The decisive legal basis centered on the interpretation of collective agreements regarding night work pay and the application of the constitutional equality principle in labor remuneration, with the court finding no entitlement to the contested surcharges or determining that the prior instance's assessment of the applicable tariff standards was correct.