The Thuringia Labor Court ruled on TVöD nurse classification in a judgment dated August 26, 2026. A nurse employed since 1987 who also heads the anesthesiology functional area sued his employer for higher pay. The court ruled in his favor — the hospital’s appeal was dismissed.
The Case: Dispute Over Classification and Pay Differences
The parties disputed whether the plaintiff was classified in a higher pay group than the employer had assigned. Incorrect classification leads to pay differences: the employee receives less each month than the collective agreement entitles them to. The plaintiff asserted exactly such differential claims. These can accumulate over extended periods, which is why such proceedings often involve several months’ worth of salary.
The Erfurt Labor Court upheld the claim in its September 14, 2023 judgment (1 Ca 2083/22). The defendant appealed to the Thuringia Labor Court. The 5th Chamber dismissed the appeal in its August 26, 2026 judgment (5 Sa 67/26).
In practice, employees must demonstrate which duties they perform and why those duties match the criteria of a higher pay group. The court then examines the collective agreement to determine whether the classification is correct. The decisive factor is not the job title but the tasks actually performed. Such lawsuits are not uncommon — many employees are unaware their classification might be wrong. Yet correct classification can mean substantial salary differences over years.
The Plaintiff: Nurse and Head of the Anesthesiology Functional Area
The plaintiff has worked for the defendant since 1987. Most recently he worked as a nurse and headed the anesthesiology functional area at one of the hospital’s sites. A functional area in hospitals is an organizational unit bundling specific treatment processes. The anesthesiology functional area typically covers nursing tasks related to anesthesia and surgical procedures.
TVöD nurse classification does not depend on the job title but on the duties actually performed. Anyone who performs management duties alongside nursing may satisfy the criteria for a higher pay group. Whether this applies in a given case depends on the specific tasks and the applicable tariff provisions.
For long-serving employees, the question often arises whether their duties have changed over the years. New tasks, greater responsibility, or assumption of a management role can justify reclassification. The decisive factor is the point from which the higher-value activity is performed.
Correct classification matters in other areas too — as a Federal Labor Court ruling on a groundskeeper shows: Classification as a Groundskeeper.
Tariff Foundations: BAT, TVöD, and the Hospital House Agreement
The plaintiff’s July 1, 1991 employment contract referred to the Federal Salary Tariff Agreement (BAT) and the tariff agreements replacing it in the version applicable to the Association of Municipal Employers’ Associations (VKA). The BAT was long the central collective agreement for public-sector employees. It was gradually replaced by the Tariff Agreement for the Public Service (TVöD).
For hospitals, the Special Part for Hospitals (BT-K) applies. Additionally, the defendant had concluded a house agreement with the ver.di union, the Tariff Agreement for Employees of the Ilm-Kreis-Kliniken Arnstadt-Ilmenau gGmbH. An amending tariff agreement of July 1, 2019 governed the transfer of employees into the pay scale order (VKA) effective January 1, 2017.
From October 1, 2019, the TVÜ-VKA and TVöD BT-K in the February 1, 2017 version applied to employees. From July 1, 2020, the March 1, 2018 versions applied. Such staggered timelines are typical when collective agreements are updated. For employees, this means: it depends precisely on which version applied in the relevant period.
The transition from BAT to TVöD was a watershed for many employees. Old pay groups were replaced by new pay groups, and it was not always immediately clear which group one fell into. Precisely for such cases, transition rules and application deadlines were created.
Tariff agreements repeatedly raise interpretation questions — as shown by a Cologne Labor Court ruling on the tariff age limit: Tariff Age Limit.
Reclassification Under § 29b TVÜ-VKA: Application Deadline and Requirements
During the transition to the new pay scale order, the tariff parties provided a special option: employees could request a review within an application deadline to determine whether the new pay scale order required reclassification. This rule is in § 29b TVÜ-VKA.
The Ilm-Kreis-Kliniken house agreement set the application deadline from October 1, 2019 to September 30, 2020. Crucial: this deadline was decisive. Anyone wanting to file such an application had to contact the employer within this period. The application deadline was not a lawsuit deadline but a deadline for the employer application. Missing it forfeits the option to demand reclassification under this special rule.
Someone who misses such a deadline may still claim reclassification under general rules if their duties have changed. However, the special review under § 29b TVÜ-VKA is bound to the application deadline.
For reclassifications based on § 29b(1) TVÜ-VKA, the version of § 17(4) TVöD valid until February 28, 2017 applied. This determined the standards for assessing reclassification. Such transition rules are complex. They show how important it is to examine carefully which version applies to your own case when tariff agreements change.
The Thuringia Labor Court’s Decision on TVöD Nurse Classification
The Thuringia Labor Court dismissed the defendant’s appeal against the Erfurt Labor Court judgment. The defendant bears the costs of the appeal proceedings. The classification determined by the labor court and the resulting pay claims of the plaintiff therefore stand.
The Labor Court did not admit a further appeal. This means it saw no fundamental legal question requiring a Federal Labor Court decision. The defendant can, however, request the Federal Labor Court to review the non-admission. Whether they will take this step remains to be seen.
For the plaintiff, the judgment is a success. He not only secured the higher classification but also received back pay for the past. This shows: even long-serving employees can successfully have their classification reviewed.
What Hospital Employees Can Learn from This
The ruling shows that TVöD nurse classification can be corrected even after many years. Anyone who believes they are in too low a pay group should not hesitate to have their position reviewed. However, every case depends on the specific duties and applicable collective agreements. Success is not guaranteed but the result of an individual case assessment.
Anyone considering a lawsuit should be aware that labor court proceedings take time. Two instances can take several years. In this case, nearly three years passed between the labor court decision and the appeal ruling. Nevertheless, the effort can pay off when it involves pay differences over a long period. An overview of deadlines and the course of a lawsuit is in our guide to unfair dismissal claims.
For hospital employees, some practical pointers:
- Document your actual duties, especially management and coordination tasks.
- Compare your activity with the duty criteria of the pay groups in your collective agreement.
- Watch for deadlines, e.g., for reclassification applications or reviews after tariff changes.
- Seek legal advice early if you suspect incorrect classification.
The sooner you act, the better. Limitation periods and tariff exclusion periods can restrict claims. Waiting too long risks losing part of the pay differences. A specialist lawyer for labor law can assess whether a lawsuit has prospects. Anyone wary of the cost risk can check whether a litigation funder like RechtStark will finance a labor court proceeding. This way, even a protracted dispute over classification and pay can reach a good outcome.
Note: This article is for general information purposes only and does not replace individual legal advice. For a free initial assessment of whether litigation funding may be an option for your case, you can contact RechtStark.