Part time
According to § 4 para. 1 TzBfG, a part-time employee may not be treated worse than a comparable full-time employee because of part-time work, unless objective reasons justify different treatment. The prohibition of discrimination also applies to collective bargaining agreements if part-time employees are treated differently and, for example, one group of part-time employees is treated like full-time employees, while the other group of part-time employees is excluded from individual benefits.
Continuing this jurisprudence, the Sixth Senate decided in its judgment of April 25, 2007 ( 6 AZR 746/06 ) that a tariff regulation that is similar to Section 4 Para. 1 of the 77th collective agreement amending the federal collective agreement of October 29, 2001 (77th Amendment TV) stipulates that periods of marginal employment that were completed before a certain date are not considered periods of employment in the sense of of the collective agreement apply, against the prohibition of discrimination in Section 4 Paragraph. 1 TzBfG violates and is therefore ineffective. There is no objective reason to only take periods of marginal employment into account from the collective bargaining date onwards. Deadline regulations as “typification in time” are generally permissible, regardless of the associated hardships, in order to delimit the group of people who benefit. However, it is necessary that the choice of time is based on the facts to be regulated and that the interests of those affected are adequately taken into account. A violation of Section 4 Para. 1 TzBfG leads to the nullity of the collective bargaining provision according to Section 134 of the German Civil Code (BGB). The periods of marginal employment are therefore considered periods of employment in the sense of of the collective agreement.