Category Archive: Equal Treatment

Equal Pay Act – A prospect

The coalition committee set the outline for an Equal Pay Act on 6 October 2016, thereby affirming that the current gender pay gap between men and women is no longer acceptable. Moreover, the Equal Pay Act should support families with a low income. According to official statistics the wages of female employees are currently about …

Continue reading »

Damages and injury award because of lower wages for female workers

On 28 October 2015, the Higher Labour Court (Landesarbeitsgericht, LAG) Rhineland-Palatinate (October 28, 2015 – docket number: 4 Sa 12/14) decided that an employer who pays female employees less than their male counterparts is liable to pay the difference in damages plus a compensation award. Any employers not complying with the “equal job – equal …

Continue reading »

Equal treatment regarding special premium for waiver of an action

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 8 December 2015 (docket number 1 AZR 595/14) that a works agreement on special premium dependent on renunciation of suing for dismissal protection may not exclude employees who are employed otherwise after their dismissal and do not initiate dismissal protection proceedings. The plaintiff is an official (“Beamter“). In case …

Continue reading »

“Late marriage” clause in pension schemes is an age discrimination

A “late marriage” clause that requires for payment of the survivor’s pension that the employee, entitled to pension benefits, was getting married before reaching the age of 60 is invalid according sec. 7 para. 2 of the General Equal Treatment Act (AGG). This was decided by the Federal Labour Court (Bundesarbeitsgericht, BAG) on 4 August …

Continue reading »

Different principles for different payments

On 8 December 2015 the Federal Labour Court (Bundesarbeitsgericht, BAG, docket number: 1 AZR 595/14) ruled that it is permissible to limit severance payment entitlements in a social plan (Sozialplan) to employees who are facing unemployment as a result of the termination. In contrast to this, a bonus payment in exchange for a waiver to …

Continue reading »

Discriminatory severance payments

The Federal Labour Court (Bundesarbeitsgericht, BAG) ruled on 17 November 2015 (docket number: 1 AZR 938/13) that regulations in social plans may be invalid if they provide for a (adverse) lump sum calculation of the severance payment only for severely disabled employees, whilst severance payments for other employees are calculated on an individual basis (and are …

Continue reading »

Discriminatory dismissals invalid even in small operations

Following a recent judgment by the Federal Labour Court (Bundesarbeitsgericht, BAG), discriminatory dismissals will also be invalid in small operations in which the strict rules protecting employees against dismissals do not apply (judgment dated 23 July 2015, docket number 6 AZR 457/14). In the case at hand, the plaintiff, an employee, worked in a doctor’s …

Continue reading »

Better learn English….

The Higher Labour Court Hamburg (Landesarbeitsgericht, LAG) ruled on May 19, 2015 that a request for very good English skills in a job advertisement is not discriminatory if English is the prevailing communication language in the relevant working field (docket number 5 Sa 79/14). According to the Equal Treatment Act (Gleichbehandlungsgesetz, AGG) as a general …

Continue reading »

Things you shouldn’t tell your boss

Pursuant to section 9 paragraph 1 sentence 1 of the Maternity Protection Act, the dismissal of a pregnant employee without consent of the competent state authority is void if the employer is aware of the pregnancy when giving notice or if he is notified of the pregnancy within two weeks after the employee receives the …

Continue reading »

Gender quota in boardrooms from 2016

At the beginning of this month, German lawmakers passed a law requiring companies to give 30 per cent of seats on a supervisory board to women as of next year. It is intended to increase this quota to 50% from 2018 onwards. The new rules apply to listed companies with a co-determined supervisory board, ie …

Continue reading »

Older posts «

» Newer posts