Martial Arts Braces Mouthpiece

Labour Court Siegburg: submission to the ECJ: Is the formation of age groups in social choice with Community law?

The Labour Court Siegburg has referred to the ECJ for a preliminary ruling the question whether the formation of age groups in social selection to ensure a balanced age structure with Article 6 of Directive 2000/78/EC is compatible. It keeps this in view of the "Age Concern" decision of the ECJ is doubtful, given that discrimination based on age thereafter only by social policy objectives and not by reasons that are subject only to the employers' interests, could be justified.

The case: The plaintiff is
since 2000 employed by the defendant as a machine operator. In the spring of 2000 decided the defendant, rather than be in a three-shift operation in the future only work in two-shift operation and to delete the previous weekend shifts. This accounted for many jobs.

The defendant agreed with the works with a balance of interests to list. The selection of terminating employees was based on a selection policy, which involved a point system and the formation of age groups for the preservation of the existing age structure. The job cuts should be followed in the various age groups each made proportional to the percentage of each age group in the total workforce.

The plaintiff was one of the employees to be made redundant. Without the age group training, however he would not have been affected by a cancellation. In his declaration against the dismissal action was the Labour Court from the decision and asked the ECJ the question to decide whether § 1, Paragraph 3, sentence 2 Consumer Protection Act, which under the settled law of the BAG, the formation of age groups for the preservation of the existing age structure in operating permits, with the Equal Treatment Directive is compatible.

The reasons for the order for reference:
It is questionable whether the formation of age groups to maintain the age structure of a gem. Article 6 of Directive 2000/78/EC is permissible exception to the prohibition of age discrimination.

The aim of preserving the age structure is a business and business-related purpose. In contrast, the ECJ has on 03.05.2009 (Rs. C-388/07 - "Age Concern"), that derogations from the principle of age discrimination only by social policy objectives such as can be legitimate employment policy, employment or training. These objectives differ according to the ECJ because of purely personal motives of the employer (Eg improvement of competitiveness) that they are in the public interest.

This chamber then has doubts that the aim of preserving the age structure can justify an age group training, since it serves primarily the interests of the employer.

For compatibility with European law, however, could speak, that point c) of the non-exhaustive list in Article 6 paragraph 1 sentence 2 of Directive 2000/78/EC only employers' interests into account by setting a maximum age for recruitment for declared admissible. Moreover, the ECJ in its ruling of 03.05.2009 example only to improve the competitiveness of the employer named as unlawful aim, while preserving the age structure should serve merely to remain competitive.

Link Notes:

The full text of the order is available here.
The "Age Concern" decision of the ECJ is here available

Bump On 18 Month Head

Labour Court Stuttgart: discrimination as "Ossi" no discrimination on grounds of ethnic origin under the AGG

A disadvantage is East German in the application process, according to the Labour Court of Stuttgart is no entitlement to compensation discrimination because of ethnic origin meaning dar. § 1 AGG Even if the designation as " Ossi meant to be "discriminatory or can be perceived, have East and West German no different ethnic origin.

The case:
The applicant is from the former DDR (East Berlin) and was moved before the turn into the Federal Republic. They had applied unsuccessfully to the defendant Stuttgart-based company to an offer. On the returned CV there was the handwritten notation "(-) Ossi".
The applicant saw this as an indication that they had been dismissed because of their origin from East Germany, and demanded compensation under § § 1, 15 AGG. The defendant, who employs several employees at its representation in the new states, took the view that East Germans did not constitute ethnic group in the sense of the AGG. Moreover, the authorities had not been canceled because of the origin of the applicant.
The action before the Labour Court had no success. The applicant can appeal against the verdict or appeal.

Tues e decision of the Labour Court of Stuttgart:
the applicant against the defendant is not entitled to compensation. § 1 AGG only prohibits discrimination on the grounds of race, ethnic origin, gender, religion or belief, disability, age or sexual identity. None of these grounds is satisfied. There is no particular disadvantage because of the ethnic origin of the applicant.

The common ethnic origin can be expressed in tradition, language, religion, clothing, or other similar food. Even if the term "ethnic group" would be understood in the sense that this population of persons are meant, which are connected by their origins, their history, their culture, their connection to a specific territory and a shared sense of solidarity, then the designation as "Ossi" the concept of ethnicity rather than the overall structure of these elements meet.

lies in the east German possibly before a common connection to the former East German territory. To further an ethnic group forming Features it is missing - especially as the GDR is little more than a generation, namely 40 years, has taken a different development of the Federal Republic. East Germans have therefore compared to West Germans do not own ethnic origin.

(Stuttgart Labour Court, Judgement of 04/15/2010, 17 Ca 8907/09 - see also press release from the Labour Court of Stuttgart on 15/04/2010

Easton Sv12 - Metal Barrel

New About Anti-Discrimination Law

A new overview of the anti-discrimination law interested parties can now access the Internet. Federal anti-discrimination agency has compiled important decisions of German and European courts, legal regulations and initiatives in a 24-page document.
Among the contents of the collection of judgments disadvantages for ethnic origin, sex, religion or belief, disability, age or sexual identity.

have questions regarding age discrimination, the courts busy over the past year increased, shares the federal agency in Berlin. It was established in August 2006 with the entry into force of the General Equal Treatment Act (AGG). The aim is to avoid when applying for a job or an apartment, but also in many other aspects of daily life or eliminate discrimination.

What Colour Tie Matches A Grey Shirt

BAG: New holiday law also applies to additional leave of severely disabled people

The new case law that workers also an allowance in lieu have if they were all over the leave year and over the vesting period beyond sick, applies not only to the statutory minimum leave, but also for the additional leave of severely disabled people. For over and above the statutory minimum holiday entitlement to leave the tariff agreement, however, parties may determine that compensation is ruled out.

The case:
The handicapped applicant has worked since 1971 in the field for the defendant. On the employment of the collective agreement for employees of the Federal Insurance Institute for Salaried Employees, was applicable, the one above the legal minimum holiday entitlement in excess leave envisaged.

The plaintiff was the beginning of September 2004 until the termination of the employment relationship on 09/30/2005 incapacitated for work because of a severe disc disease. In his application, he demanded compensation

- the statutory minimum leave,
- the severely disabled and leave
- the statutory rate on leave for the years 2004 and 2005.

After the defendant had accepted the conviction on appeal to settle the minimum holiday entitlement, the parties argued in the review only on the settlement of the severely disabled and the supplementary period of collective legal holiday.
The BAG was an action for compensation for the severely disabled supplementary period as opposed to an action for compensation in the statutory More holiday instead.

The reasons:
The plaintiff against the defendant is entitled to compensation for the supplementary period for the handicapped.
The new jurisdiction of the Senate (BAG, ruling of 03.24.2009 - 9 AZR 983/07), under which the four-week statutory minimum leave is at the termination of the employment relationship even financially compensated do if employees are off work sick until the end of the transfer period , applies to the severely disabled, according to additional leave.
shares entitlement to severe disability additional leave the legal fate of the minimum holiday entitlement.
However
is not entitled to compensation in the statutory holiday More.
The collective bargaining parties may stipulate that over and above the statutory minimum leave allowance in lieu of tariff is void if the leave entitlement because of the illness of the employee can not be met. Such legislation is available here. Claims for compensation in the statutory More holiday should go down to the apparent will of the parties to collective agreements at the end of the transmission tariff period.
(BAG decision of 23.3.2010, 9 AZR 128/09 - Source: BAG PM No 25 of 23.3.2010)