Adequate compensation for permanent night workers

A night worker is someone who works for at least two hours during the night between 11 pm and 6 am. The employer must provide the night worker with a reasonable amount of paid time off for the hours worked on a night shift or a reasonable bonus in addition to his/her wages, provided an applicable collective bargaining agreement does not provide for any compensation.  Generally, a bonus of 25 % or an equivalent number of paid time off is considered reasonable.  However, the entitlement increases to 30 % if the employee permanently works during the night (judgment of the Federal Labour Court, Bundesarbeitsgericht, BAG, dated 9 December 2015, docket number 10 AZR 423/14). Employers should keep this decision in mind when employing night workers.