Magnetic Levitation Project Using Pic

BAG-issue to the ECJ: discrimination, the charging systems of public service younger workers?

The BAG has referred to the ECJ the question to determine whether the targeted life-ages base salary of the BAT has violated the prohibition on age discrimination, whether such an age discrimination in TVöD continue and whether and how such an age discrimination by the collective agreement parties - if necessary could be removed - retroactively.

The case:
applicant, born in 1962, has since 2004 worked for a supreme federal authority (Federal Railway Office). On the employment relationship are powerful reference clause, the provisions of these amendments as well as BAT and replaced in their respective collective agreements shall apply.

The BAT has been replaced on 10.01.2005 in the tariff area of the union by the TVöD. This does not look like the bat no compensation for life stages of life anymore, but rather builds on the work, professional experience and the performance of the workforce. The system reached the old age stage however, has been fully taken into account in the reconciliation of public employees in the TVöD way of vested rights.

The applicant regarded the linkage of the bat at the age levels of undue discrimination younger workers, who - would continue in TVöD - because of the acquis-maintaining reconciliation. She asked therefore, the highest age level of their pay band based remuneration. Labour Court and dismissed the LAG directed to this lawsuit.

On appeal by the applicant was the BAG of the decision and asked the ECJ under Article 267 of the Treaty, the question for a preliminary ruling on how the conflict between the primary law guaranteed general principle of equality and also primarily legally guaranteed right of collective negotiation, collective bargaining, which also their collective bargaining includes to solve is.

The questions:

+ + + specifically, the BAG know

* whether the life-age-related basic salary BAT of the prohibition of age discrimination (now Article 21, Section 1 GRC) as given expression by Directive 2000/78/EC injured
* whether such an age discrimination continues TVöD
* and whether and how such an age discrimination by the collective bargaining parties could be eliminated if necessary, retrospectively.

Background:
In a further process of the state of Berlin, which took the bat until 31.3.2010 application, it was essentially just to claims from the period before the new tariff law. Also in this case, the BAG asked the ECJ for a preliminary ruling (BAG, decision of 20.05.2010 - 6 AZR 148/09 [A]).

The current preliminary ruling from the BAG are possibly related to a decision of the Constitutional Court of 02.25.2010 (Case No.: 1 BvR 230/09). Then had the BAG in a process with points of contact to the mass dismissal policy violates the right of the terminated employee to fair trial (Article 101 paragraph 1 sentence 2 GG), by a preliminary ruling to the ECJ according. Article 234 para 3 EC had apart

Motorbike Covers For Ducati

BAG: submission to the ECJ: right to information of rejected applicants to employers?

The BAG has referred to the ECJ the question to decide whether unsuccessful job applicants who wish to make a violation of the AGG claim can the employer request information on whether the other candidate / Has hired another candidate and is made on the basis of what criteria this setting. German law provides such a right to information not available. Perhaps it is clear from the anti-discrimination directives of the Community law.

The case:
1961, Russian-born applicant had unsuccessfully applied for an advertised by the defendants. The defendant had told her then not indicated whether they had hired another candidate to another candidate, and if so, which criteria for this decision have been decisive.

the applicant stated that they had fulfilled the requirements for the advertised position and was solely because of their gender, age and origin were not invited for an interview. Therefore, there is a violation of the AGG and the defendant must pay a reasonable compensation in money. Labour Court and LAG have dismissed the action. On appeal the appellant, the BAG to stay the proceedings and the ECJ the following question for a preliminary ruling:


The question: commands
"Does Community law, an applicant who demonstrates that he satisfies the conditions for an employer of the posts met, whose application has not been recognized, however, against the employer is entitled to ? Information to give, whether it has hired another candidate, and if so, is made on the basis of what criteria this setting


The reasons:
The Senate established the preliminary ruling from the fact that although the applicant on their gender, age and their origin was noted. They have failed to show any sufficient evidence, which can be a disadvantage because one in § 1 AGG suspect referred to ground and run gem. § 22 AGG to a burden of proof would be. Under national law, there was no claim of the plaintiff against the defendant on information on whether the post had been filled with a different candidate and if the basis of what Criteria.

On a final decision, however, prevented the Senate saw as the relevant anti-discrimination directives of Community law may be called for such a right to information. The interpretation of these guidelines is for the ECJ.

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