You also receive money for changing clothes during holidays and sick leave.

The Federal Labour Court ruled that the boss must also pay for changing time during illness and vacation if a collective agreement stipulates this.

collectively agreed Time credits for Changing times The same rules apply to putting on protective clothing. Illness and vacation and must be credited to the working time account. This was decided by the Federal Labor Court, because the credit constitutes a special form of remuneration.

The case

A paramedic at the Bavarian Red Cross (BRK) has to deal with this during his work. protective clothing wear. The applicable Collective Agreement (MTV) provides that for the period of Docking and undocking the protective clothing flat rate of twelve minutes per shift worked as Time credit is granted (§ 23 para. 2 MTV)

Because his employer gave him this flat rate during the holiday or at illness The paramedic, who had been credited with the credit, took the matter to court.

The judgment

The Federal Labour Court (BAG) sided with the employee and committed the BRK for subsequent Credit the time spent in the working time account. According to the Federal Labor Court (BAG), the collectively agreed time credit for changing clothes is a special case. Form of remuneration, which in its lump-sum form must also be paid in case of illness and vacation. 

Background is that collective bargaining agreements regarding working hours in accordance with the specifications of Federal Vacation Act and the Continued Payment of Wages Act (EFZG) must match.

Changing room allowance is part of the wages.

In case of illness, the following applies: According to the rules of the Continued Payment of Wages Act and the related collective bargaining agreement (Section 3 (1) sentence 1, Section 4 Paragraph 1 EFZG; Section 16, paragraphs 1 and 2 of the Collective Bargaining Agreement) exists in cases of illness that is not the fault of the person Incapacity for work Continued payment of wages for up to six weeks.

In other words, employees who are unable to work due to illness receive the same pay they would have earned had they not been ill. This entitlement includes not only their basic wage, but also...  regularly occurring Compensation components. Time credits The working time account is considered a special form of paid work and are therefore Part of the fee. The employer's practice of only counting changing time when work is actually performed therefore violates legal requirements.

Also for them Holiday pay All "regular remuneration components" must be taken into account, including changing time (Section 18, paragraphs 1 and 2 of the Collective Bargaining Agreement, § 1 BUrlGThe Federal Labour Court (BAG) also refers to EU law, after the holiday pay not less May be more than the remuneration paid during the performance of work (ECJ, Judgment in Case C-514/20That's another reason why the employer must credit the time spent on vacation.

Federal Labor Court, judgment of 14 May 2025, Ref. 5 AZR 215/24 

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