![]() According to the BAG, the female employee was entitled to the same fixed remuneration as her male colleague under Article 157 of the TFEU, and Section 3(1) and Section 7 of the German Pay Transparency Act (Entgelttransparenzgesetz or EntgTranspG). The case was taken to the BAG, which ruled in favour of the female employee on the basis of EU and German legislation. The employer agreed to the higher salary for recruitment purposes. ![]() The Regional Labour Court of Saxony (3 March 2021, 1 Sa 358/19) argued that the higher salary was justified by objective reasons that were not linked to the gender of the job applicant. The first two instances rejected the female employee’s claim. While the female employee agreed to the first offer the male colleague negotiated a monthly salary of €4,500. Indeed, the employer offered both employees a monthly salary of €3,500 during the hiring process. The employer rejected the claim by stating that the remuneration was negotiated individually and the male employee negotiated a higher salary when being hired. The female employee argued that she was entitled to the same fixed remuneration as her male colleague and claimed salary arrears from her employer. The plaintiff, a female employee, discovered that she was earning less than her male colleague, though they performed the same work and joined the firm around the same time. Though the reasons for the verdict have not yet been published, the verdict is being widely discussed and is likely to have an impact beyond Germany’s borders. The BAG didn’t accept the employer’s argument that the remuneration was negotiated individually and that the male colleague simply negotiated better. On 16 February 2023, the BAG ruled that a female employee is entitled to the same fixed remuneration as her male colleague (8 AZR 450/21). ![]() The gender pay gap in the EU remains at 12.7 per cent, according to the Commission’s 2023 report on gender equality in EU.Īdditionally, the principle of equal pay between men and women received wide recognition in Germany through a recent verdict by the German Federal Labour Court (Bundesarbeitsgericht or BAG). For example, the EU Directive 2019/878, also known as the fifth Capital Requirements Directive, requires the remuneration policies of credit institutions and investment firms to be ‘gender neutral’.ĭespite the legal framework, the principle of equal pay is not fully implemented and enforced. In certain industries gender pay gap transparency requirements already exist. In the last few years, better enforcement of equal pay through new measures, including an increase in transparency, has been a political priority of Commission President Ursula von der Leyen and the Commission itself, as confirmed by the Commission’s Gender Equality Strategy 2020–2025. In addition, in 2014 the European Commission (the ‘Commission’) issued Recommendation 2014/124/EU offering Member States a broad range of measures aimed at improving pay transparency, such as enabling employees to request information on pay levels and complementary or variable remuneration, broken down by gender, for categories of employees doing the same work or work of equal value and more. Article 157 of the Treaty on the Functioning of the European Union (TFEU) and the Recast Directive 2006/54/EC on the equal treatment of women and men in matters of employment and occupation, require employers to ensure equal pay for equal work/work of equal value between women and men. Freshfields Bruckhaus Deringer, Llangoziįreshfields Bruckhaus Deringer, in the workplace has been a burning employment law topic discussed among the EU institutions and in Member States for some time now. “ Maryland Equal Pay for Equal Work (Labor and Employment Article Title 3, Subtitle 3),”. “ SB-973 Employers: Annual Report: Pay Data." “ An Act Concerning the Creation of the ‘Equal Pay for Equal Work Act’ in Order to Implement Measures to Prevent Pay Disparities,”. " Why in Five" - Wage Equity."Ĭolorado General Assembly. " Starbucks Announces Pay Equity for U.S Partners, Sets Global Goal."Īrjuna Capital. " BLS Reports: Highlights of Women's Earnings in 2020." ![]() " Report for Congress: The Gender Wage Gap and Pay Equity: Is Comparable Worth the Next Step?,". " Comparable Worth: How Do We Know It Will Work?,". " Title VII of the Civil Rights Act of 1964." “ Equal Pay/Compensation Discrimination.”
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |