Part-time vs. overtime: landmark CJEU ruling may reshape legislation and employer practices

The CJEU, in its judgment of July 29, 2024 (C-184/22 and C-185/22), has challenged the practice of granting overtime allowance to part-time employees only after they exceed the full-time working standard. The Court deemed this less favourable treatment and potentially indirect discrimination, especially against female employees. The case in question involved two German female employees working 40% and 80% of full-time, who were denied overtime pay for hours worked beyond their contracted hours. Their employer’s collective agreement stipulated that overtime allowance was only payable upon exceeding the full-time threshold, a condition practically unattainable for part-time workers.

The CJEU’s rationale was that this type of overtime rule contravenes the principle of equal treatment, carries a risk of gender discrimination, and cannot be justified by an employer’s aim to control overtime expenses. This decision has significant implications for Polish employers and HR professionals, potentially requiring a re-evaluation of the established practice based on Article 151 § 5 of the Labour Code and relevant Supreme Court rulings. Polish employers could face claims for overtime compensation from part-time workers and accusations of unequal treatment or discrimination.

Full article in Polish avialible here.