Lawsuit dismissed: Minister Mohrs' ex-driver does not receive any daily allowance!

Lawsuit dismissed: Minister Mohrs' ex-driver does not receive any daily allowance!

In a sensational legal dispute, the former driver of Lower Saxony's Science Minister Falko Mohrs (SPD) lost his application for daily allowance before the state labor court in Hanover. The judge dismissed the driver's claim and ruled that the trips to the minister's official appointments were part of regular work activities and therefore there was no right to additional financial compensation. The court found that the driver's travel could not be considered a business trip because his main task was driving. This reports NDR.

The plaintiff had demanded reimbursement of expenses of 2,045 euros for his work, which lasted around two years. He wanted to receive this money as a daily allowance because he was often more than eight hours away from his home and Hanover. However, judge Ulrich Kubicki emphasized that the court does not have to assess the justice of the situation. Due to the collective bargaining regulations, the state government sees no basis for the claim.

Appeal and other legal issues

The driver had already failed in the first instance. The court made it clear there that there is no business trip if the driving activity is the main job. The State Labor Court has once again confirmed this decision and emphasized that the collective agreement for the public service (TV-L) does not give rise to any claims in this context. The general principle of equal treatment does not apply, even if other drivers in the country receive daily allowances in similar situations.

In view of this decision, the question arises as to whether the former driver will appeal to the Federal Labor Court. This consideration could have far-reaching consequences, not only for him, but also for his colleagues who find themselves in similar situations. The court allowed this possibility due to the fundamental importance of the issue, as shown Niedersachsen.de emerges.

The collective agreement in focus

The regulations that affect the entitlement to daily allowance are part of the collective agreement for the public service (TVöD), which developed from the Federal Employees' Tariff (BAT). The TVöD is divided into different areas and is adjusted regularly, most recently in 2023. Details on the current regulations can be found at public-service.de.

Another aspect of the discussion is transparency and equality in employment in the public sector. The Lower Saxony state government employs a total of 20 drivers for ministers and state secretaries, whose salaries vary and are between 4,800 and over 5,100 euros gross per month. These salaries are tied to the collective agreement, which is intended to ensure fair pay.

These developments show how complicated the matter surrounding business trips and expenses in the public sector is, and at the same time raise questions about equal treatment of employees. The discussion about the entitlement to daily allowance will certainly continue to concern us.