Tariff night work surcharges: Equal treatment principle in collective bargaining agreements

The Federal Labour Court (BAG) dismissed the plaintiff's revision, upholding the decision of the Thuringian Labour Court of Appeal and leaving the lower court ruling in force, while ordering the plaintiff to bear the costs of the revision. The dispute concerned a claim for collective agreement night work supplements, with the plaintiff challenging the employer's failure or refusal to pay these specific wages. The court's decision turned on the application of the equal treatment principle (Gleichheitssatz) in the context of collective bargaining agreements, determining that the plaintiff's claims for the disputed night work surcharges were not legally substantiated under the applicable industrial regulations.