Equivalence of collective agreement night work surcharges under the constitutional equality principle

The Federal Labour Court (BAG) dismissed the plaintiff's revision, upholding the judgment of the Higher Labour Court of Hamburg and leaving the defendant with the costs of the appellate proceedings. The dispute concerned the entitlement to collective agreement night work surcharges, specifically challenging their application under the constitutional principle of equality. The court ruled against the employee, rejecting the claim for additional compensation for night shifts. The decision was rendered without a written statement of facts or legal reasoning ("Urteil ohne Tatbestand und Entscheidungsgründe"), citing procedural circumstances, with the substantive legal basis resting on the interplay between collective bargaining agreements and the equality principle.