Lawsuit against shortened special payment: Court strengthens rights of part -time officers!

Lawsuit against shortened special payment: Court strengthens rights of part -time officers!

On April 1, 2025, the Koblenz administrative court made a pioneering judgment on the cut of inflation compensation payments for part -time civil servants during parental leave. In cases that were negotiated under the file number 5 K 967/24.KO and 5 K 1024/24.KO, the court dismissed the complaints of an official and an official who were part -time. However, these had been granted a full special payment of 1,800 euros, which was granted in the context of the state law to adapt the salary and supply 2024/2025, but only in a proportionate amount, since they worked during parental leave.

According to the new law, officials received a one -time inflation compensation payment, which was, however, a proportionate calculated for part -time employees. The prerequisite for the purchase of this special payment was that on the deadline, December 9, 2023, an active employment relationship and in the period from August 1, 2023 until this date was entitled to at least one day. The plaintiffs had previously worked full -time, but were on parental leave on the cut -off date, with only 30 percent and the other 50 percent of his service.

legal assessment

The administrative court found that the different treatment of full -time employees and part -time employees in parental leave is legally permitted. According to the decision, there is no violation of the equal treatment requirement. While full -time employees received a full special payment during parental leave, part -time employees only received a proportionate amount, which the plaintiffs considered illegal. The court decided that the legislature had a scope for design when determining such unique services.

In addition, the reduction in monthly inflation compensation payments was rejected. The judges stated that fully exempted civil servants whose working hours were reduced to “zero” are not entitled to these payments, since they were missing the basis for the payment.

claim and requirements

The conditions for the entitlement to the one -time inflation compensation premium of 1,800 euros are clearly regulated. According to Finanzverwaltung.nrw.de must be on the date of December 9, 2023 exist in which in the period from August 1, 2023 to December 8, 2023, the right to remuneration was at least one day. This also applies to vacationers who do not receive any covers.

For the ongoing monthly inflation compensation payments of 120 euros, the following applies that there must be a claim for remuneration in the respective month of reference, whereby a recourse to previous months is excluded in the event of resting employment relationships. It is worth noting that with various legal regulations, such as maternity leave or care support, there is equality with the right to pay for payments.

The plaintiffs can appeal to these decisions at the Rhineland-Palatinate Higher Administrative Court. It remains to be seen whether this will bring about a turn in your cause.