The differentiated by age leave entitlements in the collective agreement of the retail sector in the state of North Rhine-Westphalia violate the prohibition of age discrimination. This was decided by the Regional Labour Court of North Rhine-Westphalia. The now 24 year old
plaintiff in the underlying dispute is employed as a retail clerk at a retail chain. The employment relationship is governed by the collective bargaining agreement Retail North Rhine-Westphalia, after which the annual leave entitlement is graded on a 6-day week based on age as follows:
until the age of 20 Age of 30 days holiday
after the age of 20 Age of 32 vacation days
after the age of 23rd Age of 34 vacation days
after the age of 30 Age of 36 leave days
That court has such Dusseldorf The lower court recognized that the applicant is discriminated against by the scheme because of their age. The distinctive to the age rule is not justified under § 10 of the General Equal Treatment Act. There is a lack of a legitimate target for such unequal treatment found in the collective agreement or in the context of approval. This particularly applies to the argument put forward by the employer argument that the scheme is to combine family and career are encouraged.
That court has determined that the applicant, the states, for the agreed scheme, only 34 vacation days for violating the prohibition on age discrimination may take 36 vacation days per year. This approximation follows up against the existing tariff regulation from the principle of effective and efficient enforcement of EU law requirements. The revision is approved.
(LAG Dusseldorf, 8 Sat 1274/10, decision of 01.18.2011)
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