local allowance for stepchildren in a registered partnership:
The remuneration system of the bat child-related elements of pay were provided. Condition for entitlement to § 29 Sect was para 3 B BAT is entitled to child benefit. For these, acc. § 63 para 1 ITA also taken into account by the holder in his budget recorded children of his spouse. The registered partnership is, however, not marriage. So stand by the collective right of public employees, the children of their registered partner in their household recordings, no claim to the child-related component in the local supplement to. In that regard, however, favored equality unconstitutional § 29 Section B paragraph 3 BAT registered partners and was therefore in accordance. Article 3 paragraph 1 GG ineffective.
The applicant is employed as a teacher at the defendant the state. Since 3 June 2005, she founded a registered partnership. Live in the same household, the two natural children of the female partner of the applicant. With its application, the applicant of the child element of the local award coveted by € 167.56 gross per month for the period since its partnering.
Their action had in the lower courts before the sixth Senate of the Federal Labour Court of success. The child-related component in the local allowance was granted in terms of the education and care of children following financial burden for the budget recorded in children of the spouse because this recording was based on a family care and education money. Based on this, there were no objective reasons that justify failure to the child-related component in the local supplement for children recorded in the budget of the registered partner. Since its transfer to the collective agreement for the public sector in the country (TV-L) 1 November 2006, the applicant entitled to this pay component locking grandfathering allowance.
(Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 156/09 - lower court: Saxon State Industrial Court, Judgement of 27 January 2009 - 7 SA 195/07 -
The Sixth Senate on the same day one after Australia sent in a registered partnership surviving employees of the Goethe-Institute a rate for the scheme to only married couples awarded to be paid overseas contract because even so far registered partners compared to married people are disadvantaged equal unconstitutional.
Federal Labour Court, Judgement of 18 March 2010 - 6 AZR 434/07 - lower court: Regional Labour Court of Munich, Judgement of 10 May 2007 - 2 Sat 1253/06 -)
Source: Federal Labour Court, Press Release No. 23/10
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