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The Federal Labour Court (BAG) remains true to its line: the burden of proof and the onus of argument
In its ruling of 4 May 2022, the Federal Labour Court (BAG) confirmed that, in proceedings concerning overtime pay, it is incumbent upon the employee to demonstrate and prove that they have worked beyond normal working hours and that this was either instructed or approved by the employer. In doing so, it has rejected the view of the Emden Labour Court, which had assumed that the employee should be afforded a lower standard of proof, as the German legislature has not yet transposed the European Court of Justice’s so-called ‘time clock’ ruling into national law.
kallan partner Dr Christian Bloth and solicitor Jonas Anders discuss the ruling and its consequences in the latest issue of the Deutscher AnwaltSpiegel.
Read the full article free of charge in the online edition:
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